Pubdate: Thu, 06 Jan 2005
Source: Blade, The (Toledo, OH)
Copyright: 2005 The Blade
Contact:  http://www.toledoblade.com/
Details: http://www.mapinc.org/media/48
Bookmark: http://www.mapinc.org/find?225 (Students - United States)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

CONTROVERSY OVER CHRISTIAN BAND REVISITED IN ROSSFORD

The Rossford school board has called a special meeting tonight with
its attorneys to discuss issues involving Pawn, the Christian rock
band restricted from playing during school hours.

Board Vice President Mike Spahr said the board will meet at 5:30 p.m.
in the high school cafeteria, 701 Superior St. The board and members
of the district's law firm, Whalen & Compton of Akron, will discuss
why officials turned down the request for Pawn to play during an
anti-drug rally last month.

Superintendent Luci Gernot initially rejected the request to allow
Pawn to perform - prompting a flood of national attention - because of
concerns over having Christian music played at a public school event.
Students would have had the option whether to attend the band's show.

Ms. Gernot said the band, which includes two Rossford High students
and two former students, may be able to play after school at an event
sponsored by local businesses but not during school hours because
board members said they feared a lawsuit contending the performance
inappropriately would bring religion into a public school.

Instead, a lawsuit may be filed by Pawn and those who support the
band. They have asked The Rutherford Institute, a national civil
rights organization, to represent them.

Instead, a lawsuit may be filed by Pawn and those who support the
band. They have asked The Rutherford Institute, a national civil
rights organization, to represent them.

Ninety-nine people, including Pawn band members, parents, and
community members, signed a letter given to the board Monday stating
that litigation would be filed Tuesday if Ms. Gernot does not reverse
her decision, or if the school board does not overrule the decision.
Supporters held off filing the lawsuit because of tonight's meeting.

"I really believe that my decision was sound, and I do not plan to
change it," Ms. Gernot told The Blade. "I don't feel that the threat
of litigation should change what I believe is right."

According to the letter, which was written by the Rev. Mark
Montgomery, father of two of the band members and pastor of Rossford
United Methodist Church, supporters hope to resolve the issue without
litigation.

However, he said they may have to resort to it because of the
differing opinions regarding the separation of church and state in
public schools.

John Whitehead, president of The Rutherford Institute and a lawyer who
has argued before the U.S. Supreme Court, said he agreed to represent
the band because he does not think letting them perform would violate
any laws.

"We think they have a First Amendment case," he said. "It's a
violation of free speech."

Supporters were told Monday they could attend tonight's meeting to
hear discussion between the board and their attorneys.

However, as pending litigation is covered under the Ohio Public
Meetings Act, the board may vote to go into a closed-door executive
session to discuss the matter, as suggested by their attorneys.

Mark Justice Montgomery, Pastor Montgomery's 26-year-old son and a
member of Pawn, said the separation between church and state needs to
be more clearly defined so situations like the band's don't continue
to occur.

"I think it's important to fight it because the school needs to
understand what they can and cannot do," Mr. Montgomery said. "We want
to avoid litigation, but we will take it to the next step."
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MAP posted-by: Richard Lake