1. Equal Access Act Case

2. Overview of the Case: A student group wished to use school grounds for an anti-nuclear war rally and peace exposition The school denied their request to use school grounds Group cited a violation of the Equal Access Act Court held that grounds were not public or limited public forums and denial was not due to censorship Court held that the Equal Access Clause did not apply in this case

3. Outcome: The court denied the plaintiff’s request for a permanent injunction in regard to using school property for their rally

4. Facts of the Case: 1. Plaintiff sought one of four possible locations for the rally: LMHS courtyard Arnold Field Pennypacker Field LMHS Gym 2. All locations are owned by LMHS 3. Plaintiff intends on inviting general public to the rally 4. LMHS is a public school and receives federal funding, therefore subject to EAA 5. The EAA does not apply to outsiders of the school, Sen. Denton

5. Discrepancy: Two of the locations have been used by other groups that involved general public participation 1. The LMHS courtyard and Penny packer Field have never been used for non-school sponsored events. 2. Gym and Arnold Field have been used for such events and involved public participation

6. SCP says: Interprets the EAA to say that limited open forum does not permit non-students regular attendance, but does not forbid the irregular participation by the public. Because the school has allowed for irregular non- student attendance at certain non-charitable events, the school has created a limited open forum and is therefore in fault according to the EAA.

7. LMHS Says: The request was denied to prevent school from becoming a podium for political debate The two locations of primary interest, the gym and Arnold field, have not been used for general functions of the public Permission to use these locations has not been given on numerous occasions EAA states that regular attendance by public may be excluded, it does not say that irregular attendance must be permitted

8. Ruling: The EAA is not applicable, because schools hold the right to deny non-student participation and the school has denied permission on numerous occasions previous to this incident. If event was charitable or an athletic event, then school could be cited with a limited public forum