CAMPBELL v. ST. TAMMANY PARISH SCHOOL BD.

Nos. 99-31071, 99-31140.

300 F.3d 526 (2002)

Sally CAMPBELL; Louisiana Christian Coalition, Plaintiffs-Appellees, v. ST. TAMMANY PARISH 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.

July 24, 2002.


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), Irwin, Fritchie, Urquhart & Moore, 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, Christian Legal Society Center for Law & Religious Freedom, Annandale, VA, for Christian Legal Society, Amicus Curiae.

George Barstow Flint, Flint-Lambert, Plano, TX, for Liberty Legal Institute, Amicus Curiae.

Charles B. Campbell, Montgomery, AL, for States of AL, LA, MS, NE, OH, TX, UT & VA, Amici Curiae.

Richard Phillip Ieyoub, Atty. Gen., Baton Rouge, LA, for State of LA, Amicus Curiae.

Michael Cameron Moore, Atty. Gen., Jackson, MS, for State of MS, Amicus Curiae.

Don Stenberg, Atty. Gen., Lincoln, NE, for State of NE, Amicus Curiae.

Betty D. Montgomery, Atty. Gen., Columbus, OH, for State of OH, Amicus Curiae.

John Cornyn, Atty. Gen., Austin, TX, for State of TX, Amicus Curiae.

Mark Shurtleff, Atty. Gen., Salt Lake City, UT, for State of UT, Amicus Curiae.

Mark L. Earley, Atty. Gen., Richmond, Va, for State of VA, Amicus Curiae.

Before JOHN R. GIBSON and HIGGINBOTHAM, Circuit Judges.


PER CURIAM:**

In this First Amendment challenge to St. Tammany's School District's facilities use policy, the defendants appealed to this Court the district court's award of summary judgment in favor of plaintiffs Sally Campbell and the Louisiana Christian Coalition on the grounds that the policy was unconstitutionally vague. We reversed the district court and granted summary judgment for the...

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