Pope ex rel. Pope v. East Brunswick Board of Education

OPINION OF THE COURT

NYGAARD, Circuit Judge.

The East Brunswick Board of Education and its individual members appeal from an order of the district court granting permanent injunctive relief and nominal damages to plaintiff Donna Pope. The district court held that East Brunswick violated the Equal Access Act, 20 U.S.C. § 4071 et seq., by refusing to certify plaintiffs Bible Club as a student organization and accord it equal treatment with other student groups at East Brunswick High School. Because we find that East Brunswick failed in its attempt to close its limited open forum, we will affirm.

I

A