Child Evangelism Fellowship of Ohio, Inc. v. Cleveland Metropolitan School District

COOK, Circuit Judge.

In this First Amendment case, plaintiff Child Evangelism Fellowship of Ohio, Inc. (“CEF”) appeals the denial of its motion for a preliminary injunction against defendants Cleveland Metropolitan School District and Roy James, principal of Miles Cranwood Elementary School (collectively, “the District”). CEF sought to enjoin the District from imposing a facilities fee on CEF that it allegedly waived for the Boy Scouts, an act that — according to CEF— amounts to impermissible viewpoint discrimination. The District, in response, argued that it never waived the Scouts’ fees — or…