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BOYD COUNTY HIGH SCHOOL v. BD. OF EDUC. OF BOYD CTY.

No. CIV.A.03-17-DLB.

258 F.Supp.2d 667 (2003)

BOYD COUNTY HIGH SCHOOL GAY STRAIGHT ALLIANCE, et al. Plaintiffs v. BOARD OF EDUCATION OF BOYD COUNTY, KY, et al. Defendants

United States District Court, E.D. Kentucky, Ashland Division.

April 18, 2003.

Attorney(s) appearing for the Case

Edward E. Dove, Lexington, KY, James D. Esseks, Tamara Lange, American Civil Liberties Union, New York, NY, David A. Friedman, Fernandez, Friedman, Grossman & Kohn, Louisville, KY, for Boyd County High School Gay Straight Alliance, David Fannin, Kaye King, Lena Reese, Libby Fugett, Sarah Alcorn, Sydney Duarte, Tyler McClelland, William Carter, Plaintiffs.

Winter R. Huff, John G. Prather, Jr., Law Offices of John G. Prather, Somerset, KY, Kimberly S. McCann, VanAntwerp, Monge, Jones & Edwards, Ashland, KY, for Boyd County Board of Education, Chester Tackett, Jerry Johnson, Randall Stapleton, Sheri Bryan, Teresa Cornette, Theresa Jackson, William Capehart, Defendants.

OPINION & ORDER

BUNNING, District Judge.

I. INTRODUCTION

This matter is before the Court on Plaintiffs' Motion for a Preliminary Injunction. (Doc. # 3). Plaintiffs claim that Defendants violated their rights under the Equal Access Act, 20 U.S.C. § 4071, et seq., and their First Amendment rights of expression and association by denying the Boyd County High School Gay Straight Alliance the same access to school facilities given...

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