via e-mail only claire e. parson, esq. adams, stepner
TRANSCRIPT
Post Office Box 540774 Orlando, FL 32854-0774 Telephone: 407•875•1776 Facsimile: 407•875•0770 www.LC.org
122 C St. N.W., Ste. 360 Washington, DC 20005
Telephone: 202•289•1776 Facsimile: 202•216•9656
Post Office Box 11108 Lynchburg, VA 24506-1108
Telephone: 407•875•1776 Facsimile: 407•875•0770
[email protected] to: Florida
February 9, 2018
Via E-Mail Only Claire E. Parson, Esq. Adams, Stepner, Woltermann & Dusing 40 W. Pike Street, Covington, KY 41012-0861 [email protected]
Re: Unconstitutional denial of Good News Club facilities use requests Dear Ms. Parsons:
Thank you for your response on behalf of Boone County Public Schools (“District”). I appreciate that you largely agree with Liberty Counsel’s legal analysis. The analysis is correct.
This letter serves as formal notice of the District’s legal duty to preserve any and all
evidence relevant to the case, regardless of whether it would be admissible at trial. See Fed. R. Civ. P. 26(b)(1). It serves also as a renewal of the demand for equal treatment of Child Evangelism Fellowship and the Good News Club, for the reasons set forth below.
The duty to preserve evidence arises as soon as the District “reasonably should
know that the evidence may be relevant to anticipated litigation.” Silvestri v. Gen. Motors Corp., 271 F.3d 583, 591 (4th Cir. 2001). A court may sanction a party who destroys evidence in anticipation of litigation. Adkins v. Wolever, 554 F.3d 650, 653 (6th Cir. 2009) (en banc). Sanctions may include “dismissing a case, granting summary judgment, or instructing a jury that it may infer a fact based on lost or destroyed evidence.” Id. See also Rhodes Risinger Bros. Transfer v. Intermodal Repair Servs., Inc., 2016 WL 4536443, at *5 (W.D. Ky. Aug. 30, 2016). This letter places a legal obligation on the District to ensure that all relevant evidence will now be preserved.
The District must suspend routine document retention and destruction policies and
put in place a litigation hold to ensure the preservation of relevant documents. ESI could include, for example but without limitation, emails, text messages, telephone messages,
Claire E. Parson February 9, 2018 Page 2
social media posts and messages, messages transmitted through apps, photographs, screen shots, electronic calendars, electronic invoices, and time records. ESI could be stored on, for example but without limitation, hard drives, external drives, servers, back-up tapes, accessible “cloud storage” services, portable storage devices, and personal devices. ESI includes all relevant metadata. The District’s duty to preserve this information includes, but is not limited to, all evidence concerning communications or correspondence with Girls on the Run, including points of contact.
Failure to preserve evidence by, for example, destroying or significantly altering it
amounts to spoliation and could subject the District to sanctions, see, e.g., Silvestri, 271 F.3d at 590, and to adverse inferences. See, e.g., Vodusek v. Bayliner Marine Corp., 71 F.3d 148, 156 (4th Cir. 1995) (holding that district court has broad discretion to issue adverse-inference jury charge). The Court is only limited by the goals of fairness and punishing wrongdoers. Adkins 554 F.3d at 652 (explaining that a proper sanction will “‘level[ ] the evidentiary playing field and ... sanction[ ] the improper conduct.’ ”) (quoting Vodusek v. Bayliner Marine Corp., 71 F.3d 148, 156 (4th Cir.1995)). See also Fed. R. Civ. P. 37(e)(2)(A)-(B) (permitting adverse inference where party fails to preserve electronically stored information with intent to deprive another party of information’s use in litigation).
This warning about intentional destruction of evidence is necessary because the facts as related to you by the District are blatantly false. The attempt by Stephens1 Elementary and Goodridge2 Elementary administrators to cover their tracks by simply deleting or changing references to “Girls on the Run” at these two hyperlinks is unavailing, and frankly, laughable. Please see attached screenshots of the websites before your clients deleted or changed them, and after they deleted or changed them.
The District’s claim that “neither running club at Stephens or Goodridge Elementary
has any affiliation with the non-profit organization, Girls on the Run” would also likely be a surprise to Girls on the Run Cincinnati (“GOTR”). See attached screenshot of GOTR’s website listing Stephens as an official location.
Goodridge Elementary’s “running club” flyer is likewise the standard, official Girls on
the Run flyer promulgated by the 501(c)3 organization. Note that it and other GOTR flyers hosted or distributed in the District contain the directive “For questions about the Girls on the Run program, please visit www.gotrcincinnati.org or call [GOTR at] 513-321-1056.”
GOTR is similarly situated to the Good News Club. The District has made a pattern
and practice of rejecting Good News Club facilities use requests, having done so in 2015, 2016 and 2017, and now, 2018. A similar course of action by a school district in Indiana resulted in a permanent injunction against the district, as well as the payment of $85,000 in attorney fees to Liberty Counsel, as set forth in our February 8, 2018 news release.3
1 http://www.boone.k12.ky.us/22/News/29076#sthash.PhAlwFRJ.dpbs 2 http://www.boone.kyschools.us/15/Content2/1454 3 https://www.lc.org/newsroom/details/020818-cef-wins-permanent-injunction-against-indiana-school-district
Claire E. Parson February 9, 2018 Page 3
Child Evangelism Fellowship of Kentucky and its sponsored Good News Clubs are
entitled to equal treatment by the District, and by its elementary schools. I am renewing the demand that the District approve both Good News Club facilities use requests.
Written confirmation of this approval must be received by Liberty Counsel on or
before February 14, 2018, 5:00 PM. If I do not receive this response, I will provide additional evidence (beyond the attachments to this letter) as part of a federal complaint for civil rights violations.
Sincerely,
Richard L. Mast, Jr. †
Attachments
† Licensed in Virginia RLM/tge
Our Locations | GOTR Cincinnati
https://www.gotrcincinnati.org/Our-Locations[1/17/2018 3:27:35 PM]
SCHOOL 7303 Dixie HwyFlorence,Kentucky 41042
the RunGrades 3-
5
4:45 PMThursday3:15 PM-4:45 PM
STEPHENSELEMENTARY5687 Hwy 237Burlington,Kentucky 41005
Girls onthe Run
Grades 3-5
Tuesday3:45 PM-5:15 PM
Thursday3:45 PM-5:15 PM
Boone Not Open REGISTRATIONNOT OPEN
WALTONVERONAELEMENTARY15066 Porter Rd. Verona, Kentucky41092
Girls onthe Run
Grades 3-4
Monday3:45 PM-5:15 PM
Wednesday3:45 PM-5:15 PM
Boone Not Open REGISTRATIONNOT OPEN
Don’t see your program site? Inspire girls in your area to bejoyful, healthy and confident by starting a site at your local
school or community facility.
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Registration for the Girls on the Run at Goodridge Elementary School
Fall 2015 / September 14 - November 21
Girls on the Run is a physical activity-based positive youth development program designed to develop and enhance girls ' social, psychological, and physical competencies to successfully navigate life experiences. Over the course of the program girls will:
• Develop and improve competence, feel confidence in who they are, develop strength of character, respond to others and oneself with care and compassion, create positive connections with peers and adults, and make a meaningful contribution to community and society.
Such life skills will prevent unhealthy and risky behaviors, such as physical inactivity and negative body image, and promote positive health outcomes (e.g., physical, mental, social, and spiritual health).
Self-esteem fitness program designed for pre-teen girls to:
• Discover the benefits of consistent physical exercise and good nutrition
• Improve her body image and strengthen her sense of identity
• Learn the advantages of positive peer support
• Learn to stand up for herself in a healthy manner
• Prepare to participate in a 5k run/walk event
What Girls on the Run IS NOT:
• A competitive running program (running activities are used as a medium for teaching life skills and promoting healthy outcomes)
• A program that directly targets health issues such as obesity, pregnancy, substance abuse, and eating disorders
What is the commitment? When does the team meet? • Girls meet with their volunteer coaching team twice per week for 10 weeks. The program will start
the week of Sept. 14 and run through Nov. 21. On Nov. 21 all girls from all of our teams come together for the GOTR 5k which will take place at Sawyer Point.
• Each lesson combines running with character development topics which each build upon the one before it, thus girls MUST be able to commit for BOTH days per week for the entire season. We have a limited number of spots on each team, so please only sign your daughter up if she can make this commitment.
Team Specifics Meeting location: Goodridge Elementary Grade(s): 4th and 5th grade Days: Tuesday and Thursday Times: 3:45-5:00 p.m. First Practice Date: Tuesday, September 15th Head Coach Name & Contact Info: Laura Michels - [email protected]
Registration Procedure Due to the nature of the Girls on the Run program, we can only accept 15 girls on each team. Registration will be open August 17-25 and if more than 15 girls apply, we will conduct a random lottery on August 28.
If interested, you will need to register online - See directions below. Girls on the Run of Greater Cincinnati - Fall 2015 Registration Form
Please follow the steps below to register. We can accept a maximum of 15 girls into the program. Girls must be able to attend both lessons each week for the ENTIRE 10 week season, as the lessons build upon each other.
e • • •
• e
Starting on Monday, August 17 at 9:00 AM you can register your daughter online:
Go to https://www.raceplanner.com/register/index/RQ08FOSG1 B4GJ1 G - registration will open on August 17 at 9:00 AM
Please click on the appropriate site to register. We can accept a maximum of 15 girls into each program and the system will automatically conduct a random lottery should more than 15 apply .
Enter in the appropriate information You will need the following information to register online: - Girl's information, including t-shirt size and estimated shoe size - Parent I Guardian contact information - Health information, including insurance
Please pay online according to your family's total income: Determine the amount for the program based on your annual family (total household) income:
Annual Family Income Fee Schedule Less than $15,000 Pay $10 $15,001-$20,000 Pay $20 $20,001-$30,000 Pay $50 $30,001-$40,000 Pay $80 $40,001-$50,000 Pay $100 More than $50,000 Pay $160
Payment information (via credit/debit card or checking account) will be requested online at the time of registration, but you will only be charged a program fee on August 281h IF your daughter is selected to a team via the random lottery. In special circumstances, alternative forms of payment can be accepted, but you will need to call our office (513-321-1056) in advance of your registration to make arrangements.
Additional Financial Assistance: Your fee covers 20 uplifting lessons, new running shoes, GOTR Tshirt, healthy snacks after every lesson, 5k race registration, finisher's medal, and more! Since our cost is $160 per girl, we ask that each family pay according to the above scale so we can reach as many girls as possible with our scholarship dollars. If you cannot pay according to the above scale, you will be asked to complete an online scholarship application along with your registration form. Refer to the online instructions for more details. Please note: Girls will be fitted with the shoes within the first few weeks of the program. Each girl will be able to wear the shoes at practice but must participate in at least 75% of the lessons and complete the program to keep the shoes .
If you do not have Internet access, please work with your coach to register online.
Registration will stay open until August 25 at 6:00 PM. If more than 15 girls apply, we will conduct a lottery on August 28 and notify all families. For questions about the Girls on the Run program, please visit www.gotrcincinnati.org or call 513-321-1056
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Girls on the Run - Camp Ernst Middle Schoolwww.boone.k12.ky.us/CEMS/Content/1792
Girls on the Run. Staff Sponsor/Coach: Carie Dunlop ([email protected]). Registration for this year's GOTR is January 23-February 1st. Click herefor the GOTR registration form. GOTR 5K is at 4:00 at Paul Brown Stadium on May 13,2017. This is a secure Staff Intranet content page and cannot be viewed by ...
Lottery registration for the Fall 2017 New Haven Elementary Girls www.boone.k12.ky.us/.../
fall%2017%20online%20registration%20form%20girls%20on%20t...File Format: PDF/Adobe AcrobatElementary Girls on the Run team. Self-esteem fitness program designed for pre-teen girls to: • Discover the benefits of consistent physical exercise and good nutrition. •Learn the advantages of positive peer support. • Learn to stand up for herself in ahealthy manner. • Improve her body image and strengthen her sense of ...
Girls on the Run and Heart & Sole Shoe Fitting Days!www.boone.k12.ky.us/.../gotr%20fitting%20days%20parent%20flyer%20spring%202016.pdf...
File Format: PDF/Adobe AcrobatNew running shoes are provided to all girls in the Girls on the Run program. Inaddition to being a fun and unifying team experience, this is another way that weensure that all girls have proper running shoes without singling out any girl. Please notethat while your daughter will be able to wear the shoes during GOTR ...
Girls On The Run - Spirit Wear Order Form A B C Dwww.boone.k12.ky.us/.../order%20form%20nh%20gotr-spirit%20wear.pdf? ...
File Format: PDF/Adobe AcrobatGirls On The Run - Spirit Wear Order Form. Make Checks Payable to: New HavenElementary. All Orders are due into. Mrs. Langhals Friday,. March 11 th ! I cannot
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Page - Boone County Schools
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Boone County Schools 8330 US Highway 42, Florence, KY 41042
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Energy Awardswww.boone.k12.ky.us/.../energy%20award%20ideas-%20gotr.pdf?id...
File Format: PDF/Adobe AcrobatEnergy awards are one of Girls on the Run participants' favorite things about ourprogram. They are simple cheers that are used to praise others and to reinforce andreward positive behavior. A Girls on the Run coach should share sample energyawards at the very first session and the girls themselves will start creating ...
Running for Valerie - Boone County Schoolswww.boone.k12.ky.us/News/29117
The Thornwilde Elementary School Girls on the Run team held a"Running for Valerie" event on Monday. The girls collected pledgesaccording to how much they would run in an effort to raise money forValerie McNamara as part of a service learning project. ValerieMcNamara is a parent who used to help coach our girls ...
PTA Events - Erpenbeck Elementary Schoolwww.boone.k12.ky.us/13/Content/1050
Market Day – Purchase food from Erpenbeck Market Day to help supportErpenbeck Elementary Clubs. By purchasing your groceries from MarketDay you will be helping fund Lego League, Girls on the Run andOdyssey of the Mind.
Calling All New Haven's 5th Grade Girls... - New Haven Elementarywww.boone.k12.ky.us/19/News/23471
New Haven's Girls on the Run Program wants you!!! GOTR is a programthat encourages pre-teen girls to develop self-respect and healthy lifestylesthrough interactive lessons and running games. This program culminates ina celebratory 5k race downtown Cincinnati! We would love to have you joinour program! Online ...
Boone County Schoolswww.boone.k12.ky.us/eventPrint.aspx?eventID=59681
Boone County Schools. Girls on the Run Registration Deadline. Starts 2/7/2018. Ends2/7/2018 @ 11:55 AM. Location Camp Ernst Middle School. Contact [email protected]. More Information. Registration open from January 29that 9am through February 7th at 11:59pm. If more than 15 girls apply, ...
Calendar - Florence Elementary Schoolwww.boone.k12.ky.us/school_calendar.aspx?schools...
... Family Resource Center · Knightly Newsletter · PTO · Lunch Menu · Photo Gallery ·School Links · Yearbook Picture Upload · District Code of Conduct · District Website ·YouTube. Calendar. [Click to View Full Month]. Back, Print. GIRLS ON THE RUN.Starts 11/16/2017 @ 3:45 PM. Ends 11/16/2017 @ 5:00 PM. print ical ...
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