CURTIS v. SCHOOL COMMITTEE OF FALMOUTH


420 Mass. 749 (1995)

ELIZABETH G. CURTIS & others vs. SCHOOL COMMITTEE OF FALMOUTH & others.

Supreme Judicial Court of Massachusetts, Barnstable.

July 17, 1995.


Attorney(s) appearing for the Case

Larry L. Crain, of Tennessee (Joseph C. Paruti with him) for the plaintiffs.

Edward T. Hinchey (Robert G. Eaton with him) for the defendants.

Catherine Weiss, of New York, & Sarah Wunsch, for American Civil Liberties Union & others, amici curiae, submitted a brief.

Scott Harshbarger, Attorney General, & Amy Spector, Assistant Attorney General, for the Commonwealth, amicus curiae, submitted a brief.

A. Van C. Lanckton, Darren R. Klein & Nancy Weissman, for American Jewish Congress & another, amici curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, O'CONNOR, & GREANEY, JJ.


LIACOS, C.J.

The plaintiffs, students and parents of students in the Falmouth public school system, appealed from a grant of summary judgment in favor of the defendants, the school committee of Falmouth (school committee) and three individual defendants. We granted the school committee's application for direct appellate review. We affirm.

This case involves a program of condom availability established by the defendants in the junior and senior high schools...

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