Tuesday, Oct. 20, 2009

R-7 sued for alleged rights violation

Victory Soccer Camp, former KC Wizards player claim violation of freedom of speech

Emily Jarrett, Journal Staff

Victory Soccer Camp, a nondenominational athletic camp for elementary students, filed a lawsuit last week against the Lee’s Summit R-7 School District for an alleged violation of constitutional rights.

According to court documents, VSC claims the R-7 School District discriminated against it because the district would not allow fliers advertising the camp to be sent home in the district’s Backpack Flyers for Students program, violating VSC’s freedom of speech and equal protection rights. The district denies these allegations.

Goran Hunjak, founder and president of VSC and a former KC Wizards player, approached the district in January 2009 about putting VSC information in the Backpack Flyers for Students program. According to documents, Chris Eisenmerger, administrative assistant for elementary education, denied Hunjak’s request stating VSC was not on the approved list.

The list includes 20 or so organizations including Lee’s Summit Educational Foundation, PTA, Lee’s Summit Chamber of Commerce, Lee’s Summit Symphony, Parks and Recreation, Greenwood Sports Association, LS CARES, LS Soccer Association, LS Football Association and LS Junior Basketball, among others.

“The (R-7 District) policy is discriminating because it allows Lee’s Summit Soccer Association and similar organizations to enjoy privileges that have been denied to Victory,” documents state.

“The district has a limited forum for communication through this Backpack Flyers program,” said Mike Whitehead, local attorney for VSC.

“They’re not telling us how they picked this list which is arbitrary and capricious decision making.”

Whitehead went on to say the district was discriminating against VSC by only allowing “arbitrary friendship preferences of the top school official,” be to on the approved list.

R-7 district attorney Mike Delaney said the list was put into place because school administrators were spending an inordinate amount of time deciding who could and could not send home fliers with students.

“Administration was inundated with requests and so they came up with the list solution,” he said. “There are approximately 20 approved organizations and also a few local school business partners that are allowed on the list as well.”

Delaney said while he didn’t know how exactly the district decided who would be on the approved list, all the organizations are locally based.

“All of the organizations are based in Lee’s Summit or the Jackson County area,” Delaney said. “I think there are two (Greenwood Sports Association and the Jackson County DARE organization) that are not within city limits but they are based in the county.”

Whitehead said VSC has headquarters in Overland Park, Kan., which, while not inside the city limits, is close to Lee’s Summit.

“Ironically, last year before all this started, Victory Soccer Camp was held at Lee’s Summit High School,” Whitehead said. “VSC is allowed to use the district’s property, but not their flier system.

“What we want to know is what the policy of this list is. If the district had a system – even if they allowed all the organizations that wanted to send home fliers to put their names in a hat, then drew out 20 names, that would be a system.”

VSC is claiming its first amendment free speech rights were violated because government entities – which includes school districts – cannot censor based on the content of speech.

“The district told Hunjak that the flier could be listed on the district’s Web site, so obviously they aren’t worried about the content,” Whitehead said. “VSC simply wants equal treatment, a clear policy that allows all groups the opportunity to be on the list. We’re suing for damages, but it’s the principal of free speech that we’re interested in.”

“The last thing the district wants is to turn this into a drawn-out legal battle,” Delaney said. “But the district has done nothing unlawful or unconstitutional. I’m reasonably confident the courts will come to that conclusion as well."

To reach Journal reporter Emily Jarrett, call 816-282-7018 or e-mail ejarrett@lsjournal.com.