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Defendant.
ORDER
ORDER OF SETTLEMENT, the Court hereby finds that this Consent Decree and Order of
Settlement is fair and reasonable, both procedurally and substantively, consistent with applicable
law, in good faith, and in the public interest. The foregoing Consent Decree and Order of
There being no just reason for delay, this Court expressly orders, pursuant to Rule 41 of
the Federal Rules of Civil Procedure, that the Preliminary Injunction is lifted, and this action is
dismissed with prejudice in accordance with the terms of the Consent Decree and Order of
Settlement.
IT IS SO ORDERED.
Raymond A. Jackson
United States District Judge
Date:
Judge
Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 2 of 9
David P. eorffgan
VSB No. 26341
Attorney for Williamsburg-James City County School Board, Gary S. Mathews, etc.
Harman, Claytor, Corrigan & Wellman
P.O. Box 70280
Richmond, Virginia 23255
(804) 747-5200
(804) 747-6085 - facsimile
dcorrigan@hccw.com
9/u
Mary E. IvfibAlister
VSB No. 76057
Attorney for Plaintiff, Child Evangelism Fellowship of Virginia
Liberty Counsel
PO Box 11108
Lynchburg, VA 24506
(434) 592-7000
(434) 592-7700 Facsimile
court@lc.ora
Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 3 of 9
Plaintiff,
Defendants.
The Plaintiff, Child Evangelism Fellowship of Virginia, Inc. and the Defendants,
Williamsburg-James City County School Board (the School Board) and Gary S. Mathews, in his
official capacity as Superintendent, pursuant to Rule 41 of the Federal Rules of Civil Procedure,
hereby jointly stipulate and agree to the entry of this Consent Decree and Order of Settlement,
stating as follows:
WHEREAS, this case involves claims by Plaintiff Child Evangelism Fellowship under 42
U.S.C. §1983 concerning the right to Freedom of Speech, Equal Protection, Free Exercise of
Religion and violation of the Establishment Clause under the First Amendment and Fourteenth
Amendments of the United States Constitution, and seeks declaratory, preliminary and
WHEREAS, Plaintiff sponsors Good News Clubs and sought to use Williamsburg-James
WHEREAS, this Honorable Court entered a Preliminary Injunction ordering the School
Board to cease and desist charging user fees to Plaintiff for use of Williamsburg-James City
WHEREAS, Plaintiff and Defendants (collectively the "Parties") desire to resolve the
outstanding issues raised by this lawsuit and further desire to reach a stipulated agreement, and
request that this Court, by entering this Order, find that settlement of this matter has been
negotiated by the parties in good faith, is intended to avoid expensive and protracted litigation
between the Parties, and is fair, reasonable, and in the public interest;
DECREED as follows:
I. COVENANTS BY DEFENDANTS
1. The Williamsburg-James City County School Board shall allow the Good News
Clubs sponsored by Plaintiff to meet in school facilities within Williamsburg-James City County
consistent with the School Board's recently enacted Community Use of School Facilities policy,
Williamsburg Community Chapel $1,246.95 for fees paid for Good News Clubs at
3. The School Board through VML Insurance Programs, shall pay to CEFV
Plaintiff hereby covenants to dismiss with prejudice any and all claims against Defendant
Gary Mathews in his official capacity, and any and all claims against Defendant Williamsburg-
Nothing in this Consent Decree and Order of Settlement shall be construed to create any
rights in, or grant any cause of action to, any person not a party to this Consent Decree and Order
of Settlement. Each of the parties expressly reserves any and all rights, defenses, claims,
demands and causes of action which each party may have with respect to any matter, transaction
This Consent Decree and Order of Settlement is the entire agreement between Plaintiff
and Defendants. All prior conversations, meetings, discussions, drafts and writings of any kind
V. EFFECTIVE DATE
The effective date of this Settlement Agreement shall be the date upon which it is entered
by the Court. If for any reason the District Court does not enter this Order, this Consent Decree
and Order of Settlement shall be effective as a settlement agreement between the parties on the
VI. MODIFICATIONS
This Consent Decree and Order of Settlement shall not be modified or amended except
Each undersigned representative of the Parties to this Consent Decree and Order of
Settlement certifies that he or she is fully authorized by the party to enter into and execute the
terms and conditions of this Consent Decree and Order of Settlement, and to legally bind such
party to this Consent Decree and Order of Settlement. By their representative's signature below,
the Parties consent to entry of this Consent Decree and Order of Settlement.
DATED: S N I 08
Respectfully submitted, -.
Mary E. McAlister
VSB No. 76057
Attorney for Plaintiff
Liberty Counsel
PO Box 11108
Lynchburg, VA 24506
(434) 592-7000 Telephone
(434) 592-7700 Facsimile
court@lc.org
Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 7 of 9
Williamsburg-James City County Public Schools
Policies and Procedures Manual
Code: KG
Section : School-Community Relations
General:
The School Board believes in the full and best possible utilization of the physical facilities
belonging to the citizens of the City of Williamsburg and James City County. To achieve
this end, the use of school facilities for school and student-related activities, as well as
by outside organizations and groups shall be encouraged when these activities will not
interfere with the educational program in the schools.
Proper protection, safety and care of school property shall be primary considerations in
the use of school facilities.
The School Board authorizes the Superintendent, or his/her designee, to approve all
applications for the use of school facilities that meet the requirements of the School
Board policy, that comply with implementing regulations the Superintendent or designee
deems necessary to protect school property, and that do not conflict with established
business or commercial interests of the community.
Cancellation:
The Superintendent or designee reserves the right to cancel a rental contract in the
event of emergencies. For extended use agreements and under extreme circumstances,
the School Division reserves the right to cancel or renegotiate the agreement with thirty
(30) days prior notice. An approved Facilities Use Permit shall not be considered as a
lease and the School Division reserves the right to cancel a permit. In the event of such
cancellation there shall be no claim or right to compensation.
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EXHIBIT
A
Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 8 of 9
Williamsburg-James City County Public Schools
Policies and Procedures Manual
Fees:
The Superintendent, or designee, shall establish a schedule of fees for the use of the
school facilities, equipment and staff, included under Use of School Facilities:
Regulations, and may make additional adjustments in the fees as necessary. The School
Board will review this fee schedule annually.
Fees will be invoiced to the sponsoring organization. The sponsoring organization whose
name appears on the application shall be held responsible for any and all damages to
school property and equipment.
In order to afford some protection for citizens who might be injured on school property
while attending or participating in functions of non-school groups, the School Board may
require users of school facilities to carry a commercial general liability insurance policy
with a minimum limit per occurrence of $1,000,000. A Certificate of Insurance for the
policy, naming the WJCC Public Schools as an additional insured, may also be required
along with the facility use request. The School Board reserves the right to require
increased insurance coverage on any event.
Please note that the exemption from a facility use fee does not preclude a fee for the
use of equipment and/or staffing/custodial costs. Equipment rental fees and/or staffing
costs will be applied where requested and/or required.
Extended Use:
An organization, other than agencies of James City County and/or the City of
Williamsburg, may not use/rent any school facility on Saturdays or Sundays on a
continuing basis for a period longer than one year, without a break of at least six
months. However, if evidence is provided that the organization is making progress
towards having its own an extension beyond one year will be considered.
The use of school facilities on weekends for more than two consecutive weeks must be
approved by the School Board.
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Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 9 of 9
Williamsburg-James City County Public Schools
Policies and Procedures Manual
Reporting:
The Assistant Superintendent for Operations will prepare and submit to the School Board
a monthly report detailing facility usage statistics and fees collected on a year-to-date
basis.
Adopted: 11/20/79
Revised: 8/17/82,9/18/90,8/24/93,10/07/03,7/13/04, 9/2/08
LEGAL REFERENCES: Sections 22.1-131, 22.1-132, Code of Virginia
CROSS REFERENCES: Policy KG-R, Use of School Facilities: Regulations
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