J.S. Ex Rel. Smith v. Holly Area Schools

OPINION AND ORDER REGARDING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

GERALD E. ROSEN, Chief Judge.

I. INTRODUCTION

Plaintiff Katharine Smith, individually and as next friend and mother of Plaintiff J.S., a grade school student, commenced this action in this Court on October 28, 2009, challenging the constitutionality of Defendant Holly Area Schools’ policies regarding the distribution of religious materials by students and parents. The president of the Holly School Board, Tony Mayhew, and the superintendent of the Holly Area Schools, Kent Barnes, also have been named as Defendants.…