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BOY SCOUTS OF AMERICA, SOUTH FLORIDA v. TILL

No. 00-7776-CIV.

136 F.Supp.2d 1295 (2001)

BOY SCOUTS OF AMERICA and South Florida Council, Boy Scouts of America, Plaintiffs, v. Frank L. TILL, Jr., individually and in his capacity as Superintendent of the Broward County Public Schools, and Darla L. Carter, individually and in her capacity as Chairperson of the School Board of Broward County, and Carole L. Andrews, Judie S. Budnick, Paul D. Eichner, Stephanie Arma Kraft, Miriam M. Oliphant, Robert D. Parks, Diana Wasserman-Rubin, and Lois Wexler, individually and in their capacities as members of the School Board of Broward County, Florida, Defendants.

United States District Court, S.D. Florida.

March 21, 2001.

Attorney(s) appearing for the Case

Sharon L. Kegerreis, Beatriz Cristina Galbe, Hughes Hubbard & Reed LLP, Miami, George Davidson, Carla Kerr, Hughes Hubbard & Reed LLP, New York City, for Plaintiffs.

Edward J. Marko, School Board Attorney, Marylin Batista, Assistant School Board Attorney, School Board of Broward County, Bruce Rogow, Reverly Pohl, Bruce S. Rogow, P.A., Fort Lauderdale, Michael Burke — Attorney for Defendant Carole L. Andrews Johnson, Anselmo, Murdoch, Burke & George, P.A., for Defendants.

ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

MIDDLEBROOKS, District Judge.

THIS CAUSE comes before the Court upon Plaintiffs' Complaint and Motion for Preliminary Injunction filed on December 4, 2000.

I. INTRODUCTION

This case is another chapter in the struggle between private speech and public tolerance. The Broward County School Board permits numerous organizations, including churches, private membership organizations...

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