SOLMITZ v. MAINE SCH. ADMINISTRATIVE DIST.


495 A.2d 812 (1985)

David O. SOLMITZ, et al. v. MAINE SCHOOL ADMINISTRATIVE DISTRICT NO. 59 et al.

Supreme Judicial Court of Maine.

Decided July 12, 1985.


Attorney(s) appearing for the Case

Jim Mitchell and Jed Davis P.A., By Jed Davis (orally), Augusta, for plaintiffs:

Margaret Ratner, Sarah Wunsch, Anne Simon, New York City, amicus curiae for The Center for Constitutional Rights, The American Friends Service Committee, and Tolerance Day Advocates.

Abby R. Rubenfeld, New York City, amicus curiae, for Lambda Legal Defense and Education Fund, Inc.

Daniel P. McIntyre, Augusta, amicus curiae, for Maine Teachers Ass'n.

Robert Mittel, Portland, J. Marc Abrams, Washington, D.C., amicus curiae, for Student Press Law Center.

Jensen Baird Gardner & Henry by Merton Henry (orally), Brian C. Shaw, Portland, for defendants.

Cuddy & Lanham by Samuel W. Lanham, Jr., Bangor, amicus curiae, for Christian Civic League of Maine.

Brann & Isaacson by George S. Isaacson, Martin I. Eisenstein, Lewiston, amicus curiae, for Maine School Management Ass'n.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, GLASSMAN, and SCOLNIK, JJ.


McKUSICK, Chief Justice.

Plaintiffs David O. Solmitz, Sonja Roach, and Dale McCormick appeal an order of the Superior Court (Kennebec County) denying injunctive relief that would have permitted a "Tolerance Day" program to be held at Madison High School in School Administrative District No. 59 (S.A.D. 59). Plaintiffs argue that the cancellation of the proposed program by the Board of Directors of S.A.D. 59 (the Board) violated the rights of each of the plaintiffs...

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