PORTAGE, Mich. — FOX 17 obtained new court filings in the legal battle over Portage Northern High School's graduation date.
A student filed a lawsuit on March 27, accusing the district of religious discrimination for holding graduation on the same day as a Jewish holiday.
In the suit, the student alleges that the school district violated the Michigan Elliot Larsen-Civil Rights Act, the Michigan State Constitution, and the U.S. Constitution.
The case started in Kalamazoo County Circuit Court but was bumped up to federal courtafter Portage Public Schools petitioned to move it to U.S. District Court.
Tuesday the school district's attorneys laid out their argument trying to keep it that way.
They claim the federal judiciary has better expertise in addressing First Amendment claims and the right to religious expression.
Also, attorneys say they don't believe the district will receive a fair trial in the state court system, citing a sudden hearing date change, and trouble with getting a copy of the lawsuit filing due to the court’s requirement of paying for the cost of copying pages by check only.
The defense also said they are concerned the circuit court is being influenced by the publicity the case has received.
“Defense counsel is concerned that the Kalamazoo County Circuit Court is being influenced by the barrage of publicity generated by Plaintiff and her attorneys in contacting all local media in an effort to prosecute her claims in the court of public opinion. The fact the Circuit Court without explanation expedited the hearing to take place only one day after defense counsel was able to procure the pleadings creates an appearance that the Court was influenced by the publicity generated by Plaintiff and her attorneys,” the defense stated in its filing.
Attorneys for the district also argue the late notice of the issue with the graduation date by the student will cause “irreparable harm to other students” if the date is changed now.
“There are total of 291 students who are graduating from Portage Northern High School at the end of the school year (classes end for seniors on May 23). Each student is provided with eight tickets to the graduation ceremony. Thus, there will be just under 2400 people attending the ceremony. Many students have invited relatives to the graduation ceremony who are traveling by air. A number of these individuals have purchased non-refundable airline tickets. Families have planned for personal celebrations to take place around the time of the ceremony," the district's attorneys argue.
They go on to say that in addition to graduation, there is an after-graduation event known as "Grad Bash" - an all-night party put on for the seniors "in an effort to reduce the risk of drunk driving and other safety concerns immediately following graduation."
That event is happening at a bowling alley, which had made special considerations to keep its facility open all night for the “Grad Bash”.
According to the filing, a new date proposed by the plaintiff of May 30 conflicts with a scheduled playoff match for the girls soccer team, forcing graduating seniors on the team to decide which event to miss.
The next hearing in the case is set for April 20.
In the meantime, a temporary restraining order from Kalamazoo County Circuit Court remains in effect barring the district from holding graduation on May 26, the Jewish holiday of Shavuot.
Read the full filing:
Portage Northern Graduation Date Court Filing by WXMI on Scribd
