Tag: democracy

Slap Down! Mesa County Commissioner Scott Mcinnis Rebukes Ultra Right Wingnut, Defends All the Good the Federal Government Does

Mesa County Commissioner Scott McInnis verbally slapping down an ideologically pure ultra right wing nut who spoke before them multiple times on Monday, Feb. 8, 2016

Mesa County Commissioner Scott McInnis verbally dressed down an ideologically pure Mesa County ultra right wing nut who spoke before them on Monday, Feb. 8, 2016, who urged them not to accept federal funds to fix a dangerous flood area along I-70 where one person has already been killed

In a jaw-dropping political turnabout at Monday’s (2/8/16) Mesa County Commissioner meeting, the county’s farthest ultra-right wing nuts out-right winged the regular right wing nuts, resulting in arch conservative Commissioner Scott Mcinnis strongly defending — yes, defending — all the good the federal government does for Mesa County citizens and our quality of life.

The fireworks started with a discussion of whether Mesa County should accept a $2.1 million grant to build a detention pond in Bosley Wash at the bottom of the Bookcliffs. The wash has been the site of several flash floods in recent years resulting one person getting killed, several private properties being repeatedly covered in mud and silt and massive mudflows pouring over I-70.  Bosley Wash endangers a total of 200 properties near the base of the Bookcliffs between Clifton and Palisade.

Ray Scott for GOVERNOR? Laugh or Cry, Your Choice

House Rep Ray Scott (R) voted on 2/3/15 to kill a bill to provide economic help to rural Colorado communities that get hit with devastating economic events that cause mass layoffs.

House Rep Ray Scott (R) voted on 2/3/15 to kill a bill to provide economic help to rural Colorado communities that get hit with devastating economic events that cause mass layoffs.

The Daily Sentinel reported on January 28, 2016 that our western slope State Senator Ray Scott is considering running for governor of Colorado in two years. He’s considering the governorship in lieu of running for a national office like senator, because, he says, he “feels he can do more if he stays within the state.”

Do more?

The notion is either side-splittingly funny or utterly tragic. Or maybe both.

The tragic part is that by mulling over his lofty ideas to the Sentinel, Scott is putting his narcissism on display for all to see. The funny part is that he’s been the worst legislator imaginable and has consistently acted to the detriment of most of his constituents, if you can call that funny. Maybe it’s the tragic part.

But tragicomedy is nothing new to the western slope Republican political crowd.

“Merry Christmas,” Wacky Grand Junction Style

The owner of the land at the top of the 5th Street hill has a holiday message for Grand Junctionites. The previous sign in this spot previously depicted Republican presidential candidate Donald Trump as a dragon slayer battling Muslims and corporate media

The owner of the land at the top of the 5th Street hill has a big holiday message for Grand Junctionites. The previous sign in this spot depicted Republican presidential candidate Donald Trump as a dragon slayer battling Muslims and corporate media. (Photo Credit: AP – which does not stand for Associated Press)

The Problems with Mixing Religion and Government in Mesa County & Grand Junction

“Sad, that their choice was taken away…. No one had to take a Bible if they didn’t want one. All through life you have to make life decisions. This would have been a good life training to stand up as an individual and say ‘no thank you.’ ”

The above was a comment left on a previous blog about the Gideon Bible giveaway that was to take place at the Colorado Mesa University’s nursing program pinning ceremony December 11. This commenter, and others who wrote in a similar vein, show there is a fundamental misunderstanding about U.S. government locally, and about the nature of the U.S. government and the benefits of keeping church and state separate.

churchstateMany people mistakenly claim the U.S.was “founded as a Christian nation,” and point to our country’s founding documents as proof.

They need to look more closely.

The U.S. Constitution contains no mention of “God,” “Lord,” “Jesus,” “Christ” or any other deity. The founders intentionally designed it as a completely secular document. The Declaration of Independence does mention a generic “Creator,” but the Declaration is not U.S. law. It was a letter addressed to the King of England. Many people confuse the two documents. The difference between them is huge. The only document that has the force of law behind it is the Constitution. It’s the only one that really matters.

The Bill of Rights is similarly secular, with no mention of a god or gods, lords or deities. The First Amendment to the U.S. Constitution, contained in the Bill of Rights, provides for a separation between religion and government. This provision truly sets the United States apart from other countries.

Mesa County Missing Out On State’s Pot Bonanza

Mesa County's economy languishes while the rest of the state thrives (Photo credit: KKCO 11 News)

Mesa County’s economy languishes while the rest of the state booms (Photo credit: KKCO 11 News)

Recent news reports tell of the Mesa County Commissioners’ current struggle to deal with a $3 million budget deficit due to decreasing tax revenue. At the same time, Grand Junction City Councilors, citing a lack of tax revenue, turn down a chance to host the USA Pro Cycling Challenge, a potentially huge economic boon and an event that could draw favorable domestic and international media coverage for the city.

The economy remains bad and getting worse on other fronts in Mesa County, too. Last June, Mesa County saw its biggest jump in unemployment in 12 months, rising 6.6 percent in June alone. The lost jobs are attributed to low gas prices and continuing cutbacks in the oil and gas field, which has a long history locally of being an unreliable, employer locally.

At the same time that Mesa County’s economy is circling the drain, unemployment rates in the rest of the state are tumbling and, according to the Denver Post, have reached new lows not seen since the dot-com boom in the 1990s. Front range rents are high, vacancies are low and by all accounts other parts of the state are buzzing with new and growing economic activity.

So why is Mesa County languishing amid the state’s overall economic bonanza?

Things are bad here in large part because the Mesa County Commissioners and Grand Junction City Council are barring citizens in our area the ability to participate in the booming new marijuana economy.

AnneLandmanBlog Voter Guide, November, 2015

ALVoterGuideThis guide offers AnneLandmanBlog’s opinion on upcoming ballot measures and candidates for District 51 School Board, in case you’re wondering who and what to vote for.

Recommendations

Mesa County Valley School District 51 Director for District A (four year term) – Recommended vote: Doug Levinson. 

Mesa Valley School District 51 Director for District B (four year term) – Recommended vote: Paul Pitton

Proposition BB (State-wide measure)- Lets the state keep $52 million of excess marijuana taxes over and above what is allowed by TABOR, and would put it towards public school construction, law enforcement, substance abuse treatment and prevention, youth programs and marijuana education, instead of refunding it to taxpayers (at the rate of approximately $8 per taxpayer).  Recommended vote: YES/FOR

You can see a sample ballot here.

Discussion:

The biggest factor determining AnneLandmanBlog’s choice of school board candidates is that both are endorsed by the Mesa Valley Education Association (MVEA) and the League of Women Voters. The MVEA’s input is particularly important because the organization is made up of teachers, principals, administrators and other employees of District 51. These are the people who are in the schools every day, interacting with students, working with schedules, policies, budgets, building integrity (or lack thereof), testing, curricula and other school-related issues day in and day out. If you want to know what works and what doesn’t in the school district, what schools need and what they don’t, the members of MVEA are the folks to ask.

A Telling Flap over Pitton’s Eligibility

Outgoing board member Ann Tisue (pronounced “Ty-shoo”) recently accused Mr. Pitton of being ineligible to run for the District B seat based on his residency. Her accusation and its aftermath have been quite informative.

It is important to note that Ms. Tisue supports Mr. Pitton’s challenger for the District B seat, Mr. George Rau, incumbent Mr. Jeff Leany, for the District A seat.

Paul Pitton

Paul Pitton

On October 20, Ms. Tisue made a statement to the media about her discovery that Mr. Pitton lives outside District B, as the area is currently drawn on D-51’s area map.

D-51 changed it’s maps not too long ago, and had an outdated map posted on its website during the time candidates were being recruited to run.

As an existing board member, Ms. Tisue should have known that the District is responsible for certifying and approving candidates to run for open board seats, so any judgement about whether a candidate’s residency renders them eligible or ineligible to run would be theirs. But instead of approaching D-51 about the error first, Ms. Tisue ran to the media and used the information to try to malign Mr. Pitton. In a statement to KKCO-TV News, she sniffed,

“I just have a really hard time understanding how he [Mr. Pitton] couldn’t be more careful. If he’s going to be in control of a $100 million budget with 44 schools, I would expect someone that would be a lot more careful.”

The facts were that Mr. Pitton had fulfilled all of the requirements to become a candidate, and the District had qualified him for the ballot. D-51 employee Terri Wells, who serves as secretary to the Board and is the person who certifies candidates’ eligibility to run for open School Board seats, was responsible for the error, not Mr. Pitton.  Mr. Pitton had played by all the rules.

To his credit, Mr. Pitton has said if he wins, he will sell his house and move his family into District B, as it is currently drawn on the map.

That’s dedication.

Ms. Tisue’s hurry to use District 51’s error to try to tarnish Mr. Pitton and malign his ability to serve as a school board member is instructive more about her character than anything else. By association, it is also likely instructive about the character of the people she backs for school board, namely Mr. Rau and Mr. Leany.

P.S. – If you want to avoid the drama of the residency flap completely, Cindy Enos-Martinez is also a good choice for the District B Seat. She has served on the D-51 School Board before and has been on City Council and served as mayor of Grand Junction.

 

Community Rights Ballot Initiative Coming Back in 2016

Screen shot 2015-08-19 at 12.12.12 PMColoradans for Community Rights (CCR) is gearing up to once again put a Community Rights initiative on the 2016 state-wide ballot.

A Community Rights amendment doesn’t ban anything. Instead, the measure establishes that communities in Colorado have a definitive right to local self-government. That is, the new law would give people, not corporations, the dominant authority to decide how to best protect health, safety and welfare in their own communities and surrounding natural environments. Basically, the measure would allow communities to decide, free from corporate or state interference, whether to allow corporate projects that could negatively impact their safe and healthy environments.

What does this measure mean to citizens on the western slope?

The Community Rights Amendment would, for example, give Mesa County residents living around Alanco’s stinky Deer Creek frackwater ponds the right to disallow this land use in their area. It would also give Paonia residents the right to keep drilling and fracking activities away from their schools, residential areas and organic farming districts. Corporations and their trade groups could no longer sue communities over decisions to keep dangerous or noxious industrial activities out of their area. The amendment would also prevent corporations from suing communities that vote to enact living wages, or ban GMOs (genetically modified organisms), for example.

On August 17, CCR submitted the official ballot language for the 2016 Colorado Community Rights Amendment to the Colorado Legislative Council. The ballot measure is very short, only about 200 words. After the ballot language is approved, CCR will organize a state-wide campaign to gather the number of signatures necessary to qualify the measure for the November 2016 statewide ballot.

CCR tried to get a Community Rights measure on the 2014 statewide ballot, but legal challenges by corporations opposed to the measure succeeded in delaying the signature-gathering phase of the effort until it was too late. This time, CCR has started work early enough that they will have a better shot at getting the measure on the ballot and passing it.

Efforts to pass Community Rights Initiatives are also ongoing in New Hampshire, New Mexico, Ohio, Oregon, Pennsylvania and Washington.

Petitions Ask Legislators to Revert “McInnis Canyons” Back to “Colorado Canyons National Conservation Area”

Revert McInnis Canyons back to Colorado Canyons National Conservation Area

 Mesa County Commissioner and former House Rep. Scott McInnis got a national conservation area named after himself in violation of a federal House Rule that specifically prohibits Congressmen from naming public works and lands after themselves. The name-change legislation was introduced and passed without input from Coloradans.

Citizens for a Better Grand Junction on July 2 submitted petitions containing hundreds of names to House Representative Scott Tipton and Senator Michael Bennet asking them to introduce legislation to revert “McInnis Canyons National Conservation Area” back to its original name, “Colorado Canyons National Conservation Area.”

The petitions cite many reasons for reverting the name: The 2004 change to “McInnis Canyons” was not sought by anyone in Colorado. Rather, legislation to change the name was introduced by Rep. Greg Walden of Oregon, and the only other sponsor was Rep. Richard Pombo of California. The bill was introduced and passed without input or discussion from Coloradans, and, even more egregiously, without any input from members of the committee who worked long and hard to make the area into a National Conservation Area. The name change also violated House Rule XXI, Clause 6 (pdf, at page 35), which specifically prohibits members of Congress from naming public works or lands after themselves. This rule was put in place to eliminate corruption and back-room deals involving stoking Congress members’ egos by naming public works after themselves.

Former House Rep. Scott McInnis

Former Congressman Scott McInnis won a race for Mesa County Commissioner in November, 2014, even though his campaign broke several rules, including illegally posting campaign signs on power poles without permission and standing on city medians in violation of City Ordinance 9.04.250, “Prohibition against standing on or occupying medians.”

The petition also cites how former Rep. McInnis’ reputation was tarnished in 2010 by charges that he plagiarized essays he was hired to write about water law for a nonprofit foundation. The scandal forced him to quit the race for Colorado governor, apologize to the public and refund the $300,000 the Hasan Foundation had paid him to write the essays. McInnis was further charged with plagiarizing a 1994 column he wrote for the now-defunct Rocky Mountain News. McInnis admitted in both cases that he had relied upon others for materials rather than creating them himself. A congressman thus tainted is undeserving of having anything named after him, the signers say.

Moreover, renaming a national conservation area after a human being breaks with longstanding U.S. tradition. National conservations areas have never been named after people, but only after the geographic features they contain that make them significant.

“For all of these reasons,” the petition states, “we urge our current federal officials to revert McInnis Canyons National Conservation Area back to its original name, ‘Colorado Canyons National Conservation Area.’ Doing so will right a wrong done to our state’s citizens without our knowledge, restore our state’s integrity and assure the conservation area’s name confers honors not just on one individual, but on the entire beautiful state of Colorado.”

Refreshing Sign in Grand Junction

BizThe above sign is posted on the Loncheria Rubi, a food truck selling home-made Mexican fare located next to Sprouts Farmers Market on I-70 Business Loop in Grand Junction. It is a refreshing change from the harsher, nastier signs displayed by some other local businesses, like Alida’s on Main Street and NiteLife Billiards on North Ave. (“I Built This Business Kiss My Ass Obama”), in which business owners state their belief that they built their businesses without any assistance from government-funded infrastructure, like roads, ports or bridges, power and drainage systems, or institutions like public schools or universities.

Paul Liebe's family-unfriendly banner outside his business, NiteLife Billiards, on North Ave.

Paul Liebe’s family-unfriendly banner outside his business, NiteLife Billiards, on North Ave.  

Colorado State Senator Ray Scott: Class Clown

RayScott

In 2011, Republican State Senator Ray Scott, at the time a freshman in the Colorado House, wrote a funny newsletter for his colleagues he called “Lessons I’ve Learned,” in which he explained what he had learned during his time in the legislature. Among the items Scott wrote,

“Never be in the chamber until after the Pledge.”

and…

“Committees are for spending time in the hall, texting or catching up with family.”

The newsletter earned him the title “Class Clown.”

 

 

 

Judge Finds Blagg Juror in Contempt

Judge Jane Tidball

Judge Jane Tidball

Retired District Court Judge Jane Tidball today ruled that the juror accused of misconduct in the Michael Blagg murder case was in fact in contempt of court. Judge Tidball cited legal documents she believed indicated the juror was knowingly exposed to domestic abuse decades ago. The judge further stated that, beyond reasonable doubt, the juror had opportunities “to revise or elaborate” about her experience with domestic abuse, but that she “willfully failed to answer fully the questions on the questionnaire” in the Blagg case. She concluded the juror had “offended the dignity of the Court” and ruled her in contempt.

Judge Tidball set a sentencing hearing for June 26. The juror can potentially be ordered to spend up to six months in jail, and the Mesa County District Attorney is attempting to extract tens of thousands of dollars in fines from the juror, seeking to have her pay the costs of Blagg’s trial, including expert witness fees, hotel and meal expenses.

Same Crime, but Vastly Different Treatment of Two Jurors in the Mesa County Courts

Chief Deputy D.A. Dan Rubenstein, lead county DA pursuing Blagg juror (Photo Credit: CO Bar Assoc.)

Chief Deputy D.A. Dan Rubenstein, lead county DA pursuing Blagg juror (Photo Credit: CO Bar Assoc.)

If you need verification of the extent to which former juror Marilyn Charlesworth is being hung out to dry as a result of her service eleven years ago on the Blagg jury, look no further than how the District Attorney’s office handled another recent case of juror misconduct that also led to a new trial for the defendant.

To recap, Charlesworth currently has the distinction of being the most abused juror in modern U.S. history. Over the past eleven years, convicted murderer Michael Blagg’s defense team has forced her to defend herself against a number of allegations, including that while serving as a juror she withheld information from the Court about the extent of a vision problem, about a specific medication she was allegedly prescribed and, most recently, about whether she experienced an incident of domestic violence over two decades ago. The Mesa County DA has now filed contempt charges against her, is currently threatening her with 30 days in jail and fees in excess of $45,000, nominally to pay for Blagg’s first trial. That figure includes witness travel fees, hotel expenses, expert witness fees, subpoena service, the cost of transcripts for further hearings and additional costs not yet specified. Over the eleven years since Blagg’s first trial, the Court has made public Charlesworth’s medical, employment, DMV and IRS tax records and information from them has been published in the local paper, all without her consent. The Grand Junction Daily Sentinel now routinely features her name in articles about the Blagg case. Charlesworth and her husband now face thousands of dollars in legal bills for her defense from the two-pronged legal onslaught by Blagg’s defense team the Mesa County District Attorney’s office.

Contrast this with how the same D.A.’s office handled a second case of a juror accused of the exact same charge — misconduct — in another recent case, and whose actions resulted in a convicted defendant, a child molester, getting a new trial.

Different Cases, Same Charge

In 2010, Rodney Eddy, a former resident of Mesa and deacon at Mesa View Bible Church, was convicted of multiple felony counts of sexual assault on a teenage girl. A jury found him guilty on four counts each of sexual assault on a child by a person in a position of trust.

Rodney Eddy, who is going for a third trial -- the juror accused of misconduct in Eddy's case suffered no consequences

Rodney Eddy, who is going for a third trial — the juror accused of misconduct in Eddy’s case suffered no consequences for intentionally lying on a juror questionnaire

Eddy, now 73 years old, had two trials. The first ended in February, 2010, after jurors deadlocked on the charges against him. His next trial came six months later, in August of 2010. In that trial, jurors convicted Eddy of four counts of sexual assault on a child by a person in a position of trust and four more counts for a pattern of abuse. He was acquitted of eight additional charges and sentenced to 16 years to life in prison.

Fast-forward to February, 2015, when the Court awarded Eddy a third trial, this time due to juror misconduct.

In a screening questionnaire given to jurors before Eddy’s second trial, one unidentified juror answered “no” to the question of whether he or any of his family members had ever been a victim of sexual abuse. He later confessed that he had, in fact, been sexually abused by a priest in Grand Junction in 1965, at age 12. He told investigators that he had lied on his questionnaire to get on the jury after he learned sexual abuse allegations were central to Eddy’s case. He told investigators he was seeking “payback” for the wrongs allegedly committed against him by the priest when he was a child.

The Worst Case of Juror Abuse in the U.S. is Right Here in Grand Junction

ServeWithFearMarilyn Charlesworth of Grand Junction, Colorado, has started a GoFundMe campaign asking for help to pay the mounting legal fees arising from her jury service of 11 years ago.

Charlesworth is the victim of the worst case of juror abuse in American history. It has dragged on for eleven years now past the time of her jury service, and has utterly ruined the life of a woman who responded to a jury summons she got in the mail, as all American citizens are required to do by law as part of their citizenship.

What is juror abuse?

G.J. Chamber Opposes Local Businesses Again, Appears to Be Losing Influence

Grand Junction Area Chamber of Commerce President Diane Schwenke, who turned the G.J. Chamber into a branch of the Tea Party (Photo Credit: YouTube)

Grand Junction Area Chamber of Commerce President Diane Schwenke, who turned the G.J. Chamber into a branch of the Tea Party (Photo Credit: YouTube)

In its 2015 Voter Guide, the Grand Junction Area Chamber of Commerce urged voters to approve Referred Measure 2B, which would have authorized the City to take on millions in debt to extend the Riverside Parkway along 25 Road. Almost all businesses on 25 Road strongly opposed the measure, saying the City blindsided them by failing to let them know measure even existed until it was safely scheduled to go on the ballot. The business owners opposed 2B because it would have let the city seize land fronting their businesses, and harmed their businesses by subjecting the road to an extended construction period. Curiously, the measure also would have zig-zagged the Parkway through existing business and residential areas instead of building it according to the original plan, which simply extends the existing Parkway route further west down River Road to 24 Road.

Once again, the chamber’s position on an issue was diametrically opposed to the one held by the very local businesses it claims to represent.

Atheist Billboard Graces I-70 Business Loop at Easter

WCAF's billboard graces I-70 Business Loop right in front of Hobby Lobby, which sued the federal government to deny its female employees' coverage for contraception due to the company owners' personal religious beliefs.

WCAF’s billboard graces I-70 Business Loop right in front of Hobby Lobby, which sued the federal government to deny its female employees’ coverage for contraception due to the company owners’ personal religious beliefs. (Photo Credit: JT)

A new digital billboard is up on I-70 Business Loop in Grand Junction, Colorado, supports people who don’t believe in God by reassuring them that they’re not alone. The board was put up by Western Colorado Atheists and Freethinkers (WCAF), the area’s first secular group. WCAF was founded in February, 2007, to give western Colorado atheists voice in a part of Colorado where religiosity has historically dominated the culture and people were afraid to admit they didn’t believe in God.

WCAF billboard

WCAF’s billboard on I-70 Business Loop, just west of Chick-Fil-A. It reads, “Don’t Believe? You’re not alone,” and lists WCAF’s website at WesternColoradoAtheists.org.

“If you had told me 25 years ago a day would come in Grand Junction when a big, glowing atheist billboard would be up on the main highway into town on Easter weekend, I never would have believed it,” said Anne Landman, Board Member at Large of WCAF. “But times have really changed here. We’ve had a huge amount of support for this board. It’s all right now to be an open atheist in western Colorado, and that’s what WCAF is saying with this board. It’s fine not to believe in God. Lots of people don’t, and if you don’t, you’re joining a fast-growing number of people in the U.S. who don’t.”

WCAF meets regularly twice a month and invites people to visit its website at WesternColoradoAtheists.org for information on meeting times and locations.

AnneLandmanBlog Voter Guide 2015

ALVoterGuideThis guide presents voters with a citizen’s perspective on a number of upcoming ballot measures, and provides recommendations on which candidates to vote for in the City of Grand Junction’s Municipal election on April 7, 2015. Recommendations are evaluated based on what residents feel is important to their quality of life, safety and welfare, and the best economic interests of our area.

 

City of Grand Junction Referred Measure 2A: Restoring authority to the City to provide high speed internet and cable television service, either directly or indirectly, with public or private sector partnerships.

Explanation: This ballot measure allows the City to ignore SB 05-152 (pdf), a stupid law passed by the Colorado legislature in 2005 that prohibits municipalities from providing cable TV or telecommunications services, like broadband internet service, in any form to anyone. Fortunately, the law has a loophole that allows municipalities to opt-out of the law as long as they hold an election asking people if they want their city to opt out.

We should opt out.

The City of Grand Junction has its own broadband network in municipal buildings, but under the above-mentioned stupid state law, they can’t offer free wifi to citizens in their buildings even though the network is there. The city’s broadband network even runs into its streetlights, but the because of the stupid state law, the City can’t share the network with citizens. That’s just ridiculous, especially since we already pay for it through our taxes.

Approving this measure would let the City share its network, so people can get free wifi downtown. It will also let cable companies install and repair fiber optic lines during city construction to improve streets.

Since we’re all stuck with Charter Communications for high speed cable broadband internet and Charter has no competitors in this area, we need to opt out of the state law.

Recommended vote on 2A: YES

City of Grand Junction Referred Measure 2B

Explanation: This measure authorizes the city to take on $14.5 million of additional debt to finance more construction on the Westside Beltway project, also known as the Riverside Parkway.

The City wants to continue the Riverside Parkway, starting where it currently ends at 25 Road and the I-70 Business Loop, extending it north up 25 Road to F 1/2 Road, then west to 24 Road, and up 24 Road to I-70. The City wants to finance the project by keeping taxpayer funds that would normally have to be paid back to citizens under the TABOR Act (the Taxpayers’ Bill of Rights).

The measure sounds fine at first read, but we recommend a “No” vote on Measure 2B.

Here’s why:

FFRF: Fruita Monument High School’s Baccalaureate Violates First Amendment

FMHSLogoA concerned member of the Fruita Monument High School community has sought help from the Freedom From Religion Foundation (FFRF) over a “baccalaureate” ceremony held in the school’s gym last year on May 12, 2014, and possibly over concerns of a similar event occurring this year around graduation time.

A baccalaureate is a religious ceremony held a few days before a school’s official graduation ceremony. Baccalaureates often feature prayers, bible readings, sermons or benedictions, and music. Students may wear their caps and gowns, and readings may be given by school employees.

Because baccalaureates are religious events, the Establishment Clause of the First Amendment to the U.S. Constitution requires publicly-funded schools to divorce themselves from any connection to these events. Schools cannot help plan, design or sponsor these ceremonies. School employees cannot participate in organizing such events or appear at them in their official capacities. If school auditoriums or gyms are used for the ceremonies, a private party must rent the venue out for the event. The law requires a complete separation between the school and the baccalaureate in every sense.

Students Who Didn’t Want to Attend Allegedly Threatened

The anonymous complainant reported that FMHS Principal Todd McClaskey, Vice Principal Lee Carleton, and other school staff members helped plan the May, 2014 baccalaureate ceremony at FMHS. They reported that FMHS teachers and administrators spoke in their official capacities at the event, reading bible verses and speaking in general terms about the virtues of being a Christian. FMHS’ choir and orchestra students were required to perform at the baccalaureate, and students who didn’t want to take part in the ceremony were threatened with lower grades and told that if they failed to attend, they would have to perform all of the concert music, solo, in front of the entire class, at a later date.