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TRAVIS v. OWEGO-APALACHIN SCHOOL DIST.

No. 675, Docket 90-7689.

927 F.2d 688 (1991)

Toby TRAVIS, Youtharama Northeastern Pennsylvania's Youth for Christ, Inc., and Cindy Bezek, in her official capacity as Co-Director of Birthright of Owego, Inc., Plaintiffs-Appellees, v. OWEGO-APALACHIN SCHOOL DISTRICT and Charles Tyo, in his official capacity as President of the Board of Education for Owego-Apalachin Schools, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 28, 1991.

Attorney(s) appearing for the Case

John B. Hogan (Hogan & Sarzynski, Binghamton, N.Y., of counsel), for Defendants-Appellants.

Mark N. Troobnick (Jordan W. Lorence, Concerned Women for America Legal Foundation, Washington, D.C., David Rollinson, Syracuse, N.Y., of counsel), for Plaintiffs-Appellees.

Jay Worona, Cynthia Plumb Fletcher, Albany, N.Y., for amicus curiae, New York State School Boards Ass'n, Inc.

Before JON O. NEWMAN and WINTER, Circuit Judges, and DALY, District Judge.

WINTER, Circuit Judge:

This case involves a public school district's denial of an application to use a school auditorium for a fund-raiser with a religious theme. The school district has, through past practice, created either a limited public forum or designated public forum. That past practice included an openly religious fund-raiser. The district has failed to offer a sufficient justification for the denial in the instant matter; that denial therefore violated the...

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