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CAMPBELL v. ST. TAMMANY'S SCHOOL BD.

No. 99-31071, 99-31140.

206 F.3d 482 (2000)

Sally CAMPBELL; Louisiana Christian Coalition, Plaintiffs-Appellees, v. ST. TAMMANY'S SCHOOL BOARD; Eddie Fielding, in his official capacity as a member of the St. Tammany Parish School Board; A.R. Smith, in his official capacity as a member of the St. Tammany Parish School Board; Also known as Smitty Smith; Gregory J. Saurage, in his official capacity as a member of the St. Tammany Parish School Board; Donald J. Villere, in his official capacity as a member of the St. Tammany Parish School Board; Patti Young, in her official capacity as a member of the St. Tammany Parish School Board; Daniel G. Zechenelly, in his official capacity as a member of the St. Tammany Parish School Board; Betty Verzwyvelt, in her official capacity as a member of the St. Tammany Parish School Board; John C. Lamarque, in his official capacity as a member of the St. Tammany Parish School Board; E. Roth Allen, in his official capacity as a member of the St. Tammany Parish School Board; James Panks, Sr., in his official capacity as a member of the St. Tammany Parish School Board; also known as Ronnie Panks, Sr.; Anthony Tedesco, also known as Tony Todesco, in his official capacity as a member of the St. Tammany Parish School Board; Ray A. Alfred, in his official capacity as a member of the St. Tammany Parish School Board; Mary K. Lynch, in her official capacity as a member of the St. Tammany Parish School Board; Charles T. Harrell, in his official capacity as a member of the St. Tammany Parish School Board; Neal M. Hennegan, in his official capacity as a member of the St. Tammany Parish School Board; Leonard P. Monteleone, in his official capacity as Superintendent of St. Tammany Parish School Board; William B. Brady, in his official capacity as Administrative Supervisor of St. Tammany Parish School Board, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 9, 2000.

Attorney(s) appearing for the Case

Stuart J. Roth (argued), David Andrew Cortman, American Center for Law & Justice, Mobile, AL, Robert L. Marrero, Bowes & Marrero, Gretna, LA, Jay A. Sekulow, American Center for Law & Justice, Virginia Beach, VA, for Plaintiffs-Appellees.

Gustave A. Fritchie, III (argued), Karina P. Gentinetta, Montgomery Barnett Brown Read Hammond & Mintz, New Orleans, LA, Harry P. Pastuszek, Jr., Pastuszek & Associates, Mandeville, LA, for Defendants-Appellants.

Mathew D. Staver, Liberty Counsel, Longwood, FL, for Liberty Counsel, Amicus Curiae.

Gregory S. Baylor, Kimberlee Wood Colby, Center for Law & Religious Freedom, Christian Legal Society, Annandale, VA, for Christian Legal Society, Amicus Curiae.

Before POLITZ, JOHN R. GIBSON, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a First Amendment challenge to St. Tammany's School District's building use policy, which prohibits non-student uses involving religious worship or religious instruction. The District appeals the district court's judgment that the policy is unconstitutionally vague. Because we find that the terms "religious instruction" and "religious worship" used in the policy have understandable meaning and have not been inconsistently...

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