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MSCS Settles Satan Club Suit for $15,000

Memphis Shelby County Schools will pay more than $15,000 to settle a suit with The Satanic Temple over what the group calls “serious First Amendment violations.” 

Credit: The Satanic Temple

The Freedom From Religion Foundation (FFRF) filed the lawsuit in March against the Shelby County Board of Education on behalf of The Satanic Temple over what the club said were discriminatory practices. 

In November, the group sought to bring its After School Satan Club to Chimneyrock Elementary School.. The program is “not interested in converting children to Satanism” but only to focus on “free inquiry and rationalism,” the group said. The Satanic Temple says it “does not worship or believe in the existence of Satan” and will “only open a club if other religious groups are operating on campus.”

The Satanic Temple said the board rents space to another group for the Christian Good News Club. That club is run by Child Evangelism Fellowship, “a Bible-centered organization composed of born-again believers whose purpose is to evangelize boys and girls with the Gospel of the Lord Jesus Christ and to establish (disciple) them in the Word of God and in a local church for Christian living…”

The After School Satan Club was allowed to meet at Chimneyrock on January 10th after what it described as a laborious process involving attempts to thwart its efforts. The group then submitted four new rental requests for monthly meetings at the school. 

The school board assessed a “special security fee” of $2,045.60 on the Satanic Temple for “additional security.” It also levied a $250 fee for field lights. The Christian Good News Club were not charged any of these fees, according to Satanic Temple. But Satanic Temple paid the fees anyway. These fees are the crux of the FFRF lawsuit.  

”The district’s discriminatory and illegal behavior left The Satanic Temple and FFRF with no choice but to sue,” the group said in a statement Friday. “The lawsuit sought fair treatment. The Temple didn’t want special privileges, just to be treated the same as all other organizations renting from the district. The lawsuit asked the court to order the district to approve The Satanic Temple’s reservation requests, treat the Temple fairly, and refund it the discriminatory fees the district forced it to pay.”

The board settled the lawsuit this week. MSCS will pay $14,845 in attorney fees and costs to the FFRF and its counsel. The board will also pay $1 for nominal damages to The Satanic Temple and $196.71 for various fees previously paid by the Temple in connection with rental reservations that had not yet been refunded.

MSCS also agreed not to discriminate against the organization with regard to its requests to rent and use school board property at Chimneyrock Elementary School. The Temple will be subject to the same rules and requirements as other nonprofit organizations looking to rent or use the school’s facilities. Also, the school board’s administration has promised not to hold any press conference with regard to the Temple’s lawful rental or use of school property.

The controversy gained national attention in December when the MSCS officials held a press conference in which school board members, administrators, and other leaders were surrounded by clergy members. They expressed “hostility” toward The Satanic Temple and ”validated community members’ hostility” toward the After School Satan Club’s then upcoming first meeting at Chimneyrock Elementary, the group said. 

”We’re glad the district has mutually resolved this case and agreed to treat The Satanic Temple’s club fairly going forward,” said Patrick Elliott, FFRF’s legal director. “This settlement should send a message to public schools that the First Amendment applies to all organizations, including minority groups.”

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School Board Sued by The Satanic Temple

The Freedom From Religion Foundation (FFRF) filed a lawsuit against the Shelby County Board of Education on behalf of The Satanic Temple over what the club calls discriminatory practices. 

The club has sought to bring its After School Satan Club to Chimneyrock Elementary School since November. The program is “not interested in converting children to Satanism” but only to focus on “free inquiry and rationalism.” The Satanic Temple says it “does not worship or believe in the existence of Satan” and will “only open a club if other religious groups are operating on campus.”

Nonprofit organizations can rent facilities from Memphis-Shelby County Schools (MSCS). The Satanic Temple said the board rents space for the Christian Good News Club. That club is run by Child Evangelism Fellowship, “a Bible-centered organization composed of born-again believers whose purpose is to evangelize boys and girls with the Gospel of the Lord Jesus Christ and to establish (disciple) them in the Word of God and in a local church for Christian living…”

The After School Satan Club was allowed to meet at Chimneyrock on January 10th after what it described as a laborious process involving attempts to thwart its efforts. The group then submitted four new rental requests for monthly meetings at the school. 

Credit: The Satanic Temple

The board assessed a “special security fee” of $2,045.60 on the Satanic Temple for “additional security.” It also levied a $250 fee for field lights. The Christian Good News Club were not charged any of these fees, according to Satanic Temple. But Satanic Temple paid the fees anyway. These fees are the crux of the FFRF lawsuit. 

MSCS “cannot pick and choose how much it charges an organization renting its facilities based on how much it does or does not favor the organization’s viewpoint, the content of its speech, or its religious beliefs,” reads the lawsuit filed in the U.S. District Court for the Western District of Tennessee. The district’s “unconstitutional behavior has chilled The Satanic Temple’s speech and substantially burdened its ability to exercise its religiously motivated practice of offering inclusive, welcoming religious clubs at public schools.”

The move violates the group’s First Amendment rights, the lawsuit says. Precedence on the matter has already been set in a Georgia lawsuit decided by the U.S. Supreme Court that ruled such fees against disfavored groups violate free speech laws. 

The Satanic Temple wants prompt approval of its reservation requests without any “discriminatory” rental fee. It also wants a judge to say the school board’s actions violate First Amendment rights. Finally, it wants to stop the board from continuing its discrimination against the After School Satan Club. 

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At Large Opinion

What the Hell?

Let me tell you, friends, there are weeks when writing this column is a slog. You search your brain for a subject about which you can offer 725 words of original thought and you come up with bupkis.

Other weeks, the world is generous and just gift-wraps something for you. It’s like manna from heaven or in this week’s case, manna from hell. And for that I am grateful. Thank you, Satan.

The fun started when a flyer with the headline, “Hey Kids, Let’s Have Fun at After School Satan Club,” caught the attention of some parents and the local media. According to the flyer, the first meeting of a fun new club apparently dedicated to promoting Lucifer-lovin’ to local kiddos was scheduled for January 10th at Chimneyrock Elementary in Cordova.

Pearls were clutched and outrage was churned. People were mad as, uh, hell. The flyer was soon all over the TV news and the Memphis-Shelby County Schools board was forced to hold a press conference last Wednesday to explain the situation.

“Satan has no room in this district,” said Althea E. Greene, MSCS Board chair. To emphasize the point, a group of 40 or so pastors and faith leaders joined in.

“They threaten to rent a facility under the First Amendment right and they entice us into saying no, and of course, they take us to court and then they look for a settlement,” said Bill Adkins, pastor of Greater Imani Church. He’s right. The organization settled a lawsuit with a school district in Pennsylvania for $200,000 for blocking the organization from using its facilities.

“We don’t go to a school unless there is another religious club operating,” said June Everett, the national campaign director for After School Satan Club. So there’s the rub, Beelzebub. You don’t get to pick and choose which “religious” groups can rent your facilities. It’s all or none. Such divine comedy.

According to MSCS policy, nonprofit community groups are allowed to rent school property for events, meetings, and other functions. Groups such as the Christian-based Good News Club and the Boy Scouts of America are among the nonprofits using facilities after school hours. The Satanic Temple is a legitimate 501(c)(3) public charity and nonprofit recognized by the IRS.

MSCS board member Mauricio Calvo was quoted in the Daily Memphian: “We have a portal on the MSCS website where any organization that is recognized by the IRS has the possibility to rent facilities. Being a public facility, we had to make our facilities accessible. If we let a church rent space from us, does the pastor have to submit his or her sermon days before? If that is the will of the board and the people, then we’ll have to change the policies. This is very new, and there’s no precedent in Tennessee.

“We’re going to continue to engage the public, legal team, state legislatures on what can be done,” Calvo concluded. “Ultimately, participation is going to be the parents’ decision. For now, this is the law. For now, we have to comply.”

Interim Superintendent Toni Williams added, “We can support the First Amendment and support our students at the same time.” That seems like a good plan.

Upon closer inspection, it seems obvious that the Satanic Temple is basically an organization dedicated to trolling for outrage — and perhaps a few bucks. Old Nick is just their snazzy front man, a way to get attention. The ASSC has been holding meetings and events in public schools around the country since 2016.

According to the group’s flyer, the organization is a “non-theistic religion that views Satan as a literary figure who represents a metaphorical construct of rejecting tyranny and championing the human mind and spirit.” Which isn’t very scary, even if it is a bit pretentious.

The flyer says the ASSC “does not attempt to convert children to any religion or ideology,” and “supports children to think for themselves.” The group claims that it’s dedicated to promoting a “scientific, rationalist, non-superstitious worldview” via puzzles and games, nature activities, arts and crafts, science projects, and community service. That doesn’t sound too horrible. Plus, there will be snacks, presumably devil’s food cake and hot tarts.