Gray v. Kohl

568 F. Supp. 2d 1378 (2008)

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Nature of the Case

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Facts

A Florida School Safety Zone Statute states in part: A principal shall notify the appropriate law enforcement agency to prohibit any person from loitering in the school safety zone who does not have legitimate business in the school safety zone, or any other authorization, or license to enter or remain in the school safety zone or does not otherwise have invitee status in the designated safety zone. It is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone. A willfully fail to remove himself or herself from the school safety zone after the principal having a reasonable belief that he or she will commit a crime or is engaged in harassment or intimidation of students entering or leaving school property, is guilty of a misdemeanor of the second degree. Nothing in this section shall be construed to abridge or infringe upon the right of any person to peaceably assemble and protest. A 'school safety zone' is 'within 500 feet of any real property owned by or leased to any public or private elementary, middle, or high school or school board and used for elementary, middle, or high school education.' The Gideons are a group that hands out Bibles from the public bike path/sidewalk abutting school grounds. Two weeks prior to the distribution, a member calls the appropriate police department to notify them of distribution. Ten to fifteen minutes prior to distribution, a few Gideon members give school administrators notice that they will be handing out Bibles after classes are dismissed. Gideon members are instructed that they must stand on the public bike path/sidewalk during distribution and are not permitted on school grounds. Gideon members are instructed not to force Bibles on anyone. In December of 2006, several Gideons, P, distributed Bibles at Coral Shores High School. P followed the Gideon protocol at the Coral Shores school. P informed the Sheriff. Deputy Williams stated that the distribution was permissible and that he would be at the school on the day of distribution. Deputy Williams, his Sergeant, and several other officers showed the Gideons where to stand on the public bike path/sidewalk. The Gideons stood on the public bike path/sidewalk next to the entrances and exits to Coral Shores and distributed Bibles from these positions. Id. at P66. There were no problems during the Coral Shores distribution. On January 19, 2007, D and the Gideons distributed Bibles at Key Largo School. P called Deputy Williams three times to give him notice. Deputy Williams told P that the planned distribution from the public bike path/sidewalk at Key Largo School was permissible. The school stated that it would have no problem with the distribution. P and others arrived and informed the school administration of the distribution. The Gideons were on the public pathway. The Principal came out of the school and stared at P for a few minutes. Id. at P89. She did not approach or speak, and she did not witness P handing out any Bibles. P stood on the public bike path/sidewalk and did not cross onto school grounds and distributed Bibles. Five to six Sheriff's Officers showed up and arrested the Gideons. Officer Perez who was in charge of the arrest indicated that he did not care that P had permission from another officer. The Gideons were charged with violating the School Safety Zone Statute but were never convicted. P sued Ds for violation of the right to freedom of speech, violation of the Due Process Clause of the Fourteenth Amendment, violation of the Equal Protection Clause of the Fourteenth Amendment, violation of the right to free exercise of religion under the First Amendment as incorporated and applied through the Fourteenth Amendment, and (5) violation of Florida's Religious Freedom Restoration Act. P claims in part that the Act was vague and thus violated Due Process under the 14^th amendment. Both parties moved for summary judgment.