Carmel Complaint

Case 1:17-cv-00693-TWP-MPB Document 1 Filed 03/08/17 Page 1 of 5 PageID #: 1
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
VOICES UNITED, )
)
Plaintiff, )
)
v. ) No. 1:17-cv-00693
)
CARMEL CLAY SCHOOLS; )
PRINCIPAL, CARMEL HIGH SCHOOL, )
in his official capacity, )
)
Defendants. )
Complaint for Declaratory and Injunctive Relief
Introduction
1. Voices United is a student group at Carmel High School that wishes to post a sign
expressing support for abortion rights. Another student group, Teens for Life, was
recently permitted to post an anti-abortion message for 10 school days as an exception to
the High Schools general policy of prohibiting student groups from posting advocacy
signs in cafeterias and classrooms at the school. The High School has refused to extend a
similar opportunity to post advocacy signs to Voices United, and in doing so has engaged
in viewpoint discrimination in violation of the First Amendment of the United States
Constitution. Voices United brings this action for declaratory and injunctive relief so that
it may be permitted to engage in speech in the same manner as Teens for Life at Carmel
High School.
Jurisdiction, Venue, Cause of Action
2. This Court has jurisdiction of this case pursuant to 28 U.S.C. 1331 and 1343.
3. Venue is proper in this district pursuant to 28 U.S.C. 1391.
1
4. Declaratory relief is authorized by Rule 57 of the Federal Rules of Civil Procedure and
28 U.S.C. 2201 and 2202.
5. The cause of action is brought pursuant to 42 U.S.C. 1983 to redress the deprivation,
under color of state law, of rights secured by the Constitution of the United States.
Parties
6. Carmel Clay Schools is the public school corporation that operates several public schools
in Carmel, Indiana, including Carmel High School.
7. The Principal of Carmel High School is the head administrator of Carmel High School,
and is, among other things, ultimately responsible for implementing Carmel Clay
Schools policies at the High School.
8. Voices United is a student interest club at Carmel High School.
Facts
Teens for Life
9. Carmel High School allows students to form student interest clubs, which are formally
recognized student groups that are permitted to meet and conduct activities on school
grounds. To form a student interest group, students must obtain a faculty advisor, submit
a form, and reapply every year to remain active.
10. The High School currently has well over a hundred active clubs with a diverse range of
interests.
11. In November of 2016 one student interest group, Teens for Life, hung a banner in the
High School cafeteria with a message that was critical of abortion practices.
2
12. At the time, club signage was subject to restrictions on size and placement, and required
approval by High School administrators. See Carmel High School, Old Sign Policy,
attached as Exhibit 1.
13. Several students who found the banner offensive complained to school administrators and
the administrators took down the banner.
14. School officials claimed that the banner was removed not because of its message but
because student clubs were only permitted to post signs that state time, date, and place of
meetings, not messages on issues.
15. Teens for Life obtained legal counsel, who in December 2016 sent a letter to Carmel Clay
Schools threatening legal action if the school did not permit Teens for Life to repost its
banner in the cafeteria.
16. Carmel Clay Schools stated that student interest clubs were not permitted to post
advocacy signs but to avoid litigation it would permit Carmel High Schools Teens for
Life club to re-post its banner in the school cafeteria for a period of 10 school days. See
Carmel Clay Schools, Press Release, Feb. 17, 2017, attached as Exhibit 2.
17. Around the same time, the High School issued a document clarifying its sign policy,
including its content restriction, limiting signs to announcing the date, time, and location
of club meetings. See Carmel High School, Student Interest Club Signage Rules,
attached as Exhibit 3.
18. On February 24, 2017, the previously-removed Teens for Life banner was re-posted in
the Carmel High Schools main cafeteria. The banner remains posted, and it will be
permitted through March 9, 2017.
3
Voices United
19. Voices United is an active student interest club that assists students in advocating for
issues that they care about. Voices United, for example, connects students with the
relevant school and public officials to enact the change the students seek, and provides
forums for them to speak.
20. After Carmel Clay Schools announced that it would permit Teens for Life to post its
banner for 10 days, Voices United sought permission from the High School to post a sign
with an abortion rights message in the schools main cafeteria for 10 school days. The
sign would be the same size or smaller than the banner posted by Teens for Life.
21. Voices United sought to post the banner at the request of one of its members, and as part
of its mission to assist students in advocating for their causes.
22. Voices United met multiple times with school administrators, but the High School
refused to allow the sign, claiming that such a sign would violate the new student club
sign policy, that Teens for Life had been granted an exception to the new policy, and that
the exception would not be extended to Voices United.
23. Voices United continues to want to post the proposed abortion rights poster in the High
Schools main cafeteria for 10 school days.
24. At all times, the defendants have acted under color of state law.
25. Additionally, Voices United is being caused irreparable harm for which there is no
adequate remedy at law.
Legal Claims
4
26. The defendants refusal to allow Voices United to post signs in the same manner as Teens
for Life is viewpoint discrimination that violates the First Amendment of the United
States Constitution.
Request for relief
WHEREFORE, Voices United requests that this Court:
1. Accept jurisdiction of this case and set it for a hearing at the earliest opportunity.
2. Declare that the defendants application of the sign policy to Voices United violates the
United States Constitution.
3. Enter a preliminary injunction, later to be made permanent, ordering the defendants to
allow Voices United to post an advocacy sign in the Carmel High Schools main cafeteria
for a period of 10 school days.
4. Award plaintiff its costs and reasonable attorneys fees pursuant to 42 U.S.C. 1988.
5. Award all other proper relief.
/s/ Jan P. Mensz_________

Jan P. Mensz
No. 33798-49
ACLU of Indiana
1031 E. Washington St.
Indianapolis, IN 46202
317.635.4059, x107
<jmensz@aclu-in.org>
/s/ Kenneth J. Falk______

Kenneth J. Falk
No. 6777-49
ACLU of Indiana
317.635.4059, x104
<kfalk@aclu-in.org>
Attorneys for plaintiff
5
Case 1:17-cv-00693-TWP-MPB Document 1-1 Filed 03/08/17 Page 1 of 1 PageID #: 6
CARMEL CLAY SCHOOLS
5201 East Main Street, Carmel, Indiana 46033 Telephone: 317.844.9961 Fax: 317.844.9965 www.ccs.k12.in.us
Nicholas D. Wahl, Ed.D. Amy Dudley, Ed.D. Roger McMichael, M.B.A. Corrine Middleton
Superintendent of Schools Assistant Superintendent Associate Superintendent Director

Curriculum, Instruction & Assessment Business Affairs Human Resources
For Immediate Release - February 17, 2017
Contact Information
Tammy Sander
Community Relations Liaison
tsander@ccs.k12.in.us
317-844-9961 ext. 1041
317-408-3407 (cell)
Teens for Life Poster to be Rehung at Carmel High School

District Reinforces Club Signage Rules
Carmel, IN Carmel Clay Schools will permit Carmel High Schools Teens for Life club to rehang its poster
in the schools main cafeteria. The poster was removed in November because the school did not believe
it met club signage guidelines and had not received the proper approval by administration.
Some members of the club disagreed with the schools decision and enlisted the help of a legal advocacy
group, claiming that their first amendment rights were violated.
While we fully support our students First Amendment rights, the law does not treat school buildings
and grounds as public places open to unfettered exercise of free speech, says David Day, general
counsel for the Carmel Clay Schools Board of Education. Schools are allowed to determine the time,
place and manner of student expression and can prohibit expression as long as it applies that prohibition
equally.
Carmel High School has long allowed school clubs to advertise their meetings with signs on the cafeteria
walls, but those signs are not allowed to advocate a clubs agenda or cause.
Our decision to allow the sign to return is not the schools endorsement of the message any more than
our decision to remove the sign was the schools rejection of that message, Day says. While we believe
our decision to remove the sign can be supported if challenged in court, we prefer to use the time and
resources of the school district focusing on education, not litigation.
Carmel High School has improved its signage rules and the approval process, further clarifying what will
and will not be allowed on cafeteria walls.
Teens for Life has a long and successful history at Carmel High School. The school has more than 150
student clubs that span a large variety of interests. Each is led by a faculty sponsor who volunteers their
time to serve as a mentor. Teens for Lifes sponsor when this incident occurred, a pro-life supporter and
decade-long sponsor herself, has chosen to step down. Another high school teacher has volunteered to
serve as club sponsor and the club remains active.
The Teens for Life poster will be allowed to hang for 10 days starting the week of February 20th.
--30--
Carmel High School

Student Interest Club Signage Rules
Cafeteria Signs
1. Club signs are to be used solely to announce club meetings. Words
on the sign are limited to the date, time and location of club meetings.
2. The only images permitted on a sign are pre-approved club logos.
3. All signs must be approved by the assistant principal before they can
be displayed.
4. Clubs should drop off the signs for approval in student services.
5. Once approved, signs will be stamped and may be
photographed. Signs will then be left at the student drop off desk for pick-
up.
6. Clubs may hang 10 (8 by 11) signs in each cafeteria.
7. Signs cannot be combined to make a larger image. Anything over 8
by 11 in size will be removed and returned to the club sponsor.
8. Signs must be placed INSIDE the cafeteria. They cannot be outside
the cafeteria area. (No hallways, bathrooms etc.)
9. Only blue painters tape can be used to hang signs in the cafeterias.
10. Signs must be removed on or before the date stamped on the front
of the sign. If they are not removed by that date, they may be removed
and discarded.
11. A CHS student activities stamp must be on ALL signs. Any signs
without a stamp, or any sign altered after stamped, will be removed and
returned to the club sponsor.
Classroom Signs
12) Must follow all the procedures above and;
13) Can only be hung inside a classroom with permission from the teacher that
uses the room.
14) Must be placed INSIDE the approved classroom. They cannot be outside
the classroom. (No hallways, bathrooms etc.)
Carmel High School

Student Interest Club Logo Approval Process
1.) All club logos must be submitted for approval to the assistant principal by
September 1st of each new school year.
2.) New clubs must submit an official logo for approval within 30 days of
forming.
3.) All clubs should complete an online form indicating the name and contact
information for both the club president and club sponsor, all social media
handles and a PDF of their club logo for approval.
4.) Once approved, logos can be used on all club signage.
5.) Anytime your club logo changes, it must be submitted for approval to the
assistant principal before it can be used on club signage.
6.) Any signs with an unapproved club logo will be removed and returned to
the club sponsor.
JS 44 (Rev. 11/15) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Voices United Carmel Clay Schools; Principal, Carmel High School
(b) County of Residence of First Listed Plaintiff Hamilton County County of Residence of First Listed Defendant Hamilton County
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Jan P. Mensz, Kenneth J. Falk, ACLU of Indiana, 1031 E. Washington
St., Indianapolis, IN 46202, Phone: (317) 635-4059
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 840 Trademark u 460 Deportation
Student Loans u 340 Marine Injury Product u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395ff) u 480 Consumer Credit
of Veterans Benefits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) u 490 Cable/Sat TV
u 160 Stockholders Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal Relations u 864 SSID Title XVI Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 751 Family and Medical u 891 Agricultural Acts
u 362 Personal Injury - Product Liability Leave Act u 893 Environmental Matters
Medical Malpractice u 790 Other Labor Litigation u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 791 Employee Retirement FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: Income Security Act u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. 1983
VI. CAUSE OF ACTION Brief description of cause:
Violation of First Amendment right to free speech
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
03/08/2017 s/ Jan P. Mensz
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
Southern District
__________ District of
of Indiana
__________
Voices United )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 1:17-cv-00693
)
Carmel Clay Schools, et al. )
)
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address)

Carmel Clay Schools
c/o Superintendent of Schools
5201 E. Main Street
Carmel, IN 46033
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Jan P. Mensz/Kenneth J. Falk
ACLU of Indiana
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 1:17-cv-00693
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
u I personally served the summons on the individual at (place)

on (date) ; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
u I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
Southern District
__________ District of
of Indiana
__________
Voices United )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 1:17-cv-00693
)
Carmel Clay Schools, et al. )
)
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address)

Principal
Carmel High School
520 East Main Street
Carmel, IN 46032
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Jan P. Mensz/Kenneth J. Falk
ACLU of Indiana
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 1:17-cv-00693
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
u I personally served the summons on the individual at (place)

on (date) ; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
u I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:

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Case 1:17-cv-00693-TWP-MPB Document 1 Filed 03/08/17 Page 1 of 5 PageID #: 1

UNITED STATES DISTRICT COURT

Complaint for Declaratory and Injunctive Relief

recently permitted to post an anti-abortion message for 10 school days as an exception to

in viewpoint discrimination in violation of the First Amendment of the United States

Jurisdiction, Venue, Cause of Action

3. Venue is proper in this district pursuant to 28 U.S.C. 1391.

28 U.S.C. 2201 and 2202.

in Carmel, Indiana, including Carmel High School.

Schools policies at the High School.

8. Voices United is a student interest club at Carmel High School.

Teens for Life

a form, and reapply every year to remain active.

the administrators took down the banner.

meetings, not messages on issues.

banner in the cafeteria.

permitted through March 9, 2017.

forums for them to speak.

of its mission to assist students in advocating for their causes.

the exception would not be extended to Voices United.

Schools main cafeteria for 10 school days.

adequate remedy at law.

Request for relief

WHEREFORE, Voices United requests that this Court:

United States Constitution.

3. Enter a preliminary injunction, later to be made permanent, ordering the defendants to

for a period of 10 school days.

5. Award all other proper relief.

/s/ Jan P. Mensz_________

/s/ Kenneth J. Falk______

Attorneys for plaintiff

CARMEL CLAY SCHOOLS

Superintendent of Schools Assistant Superintendent Associate Superintendent Director

For Immediate Release - February 17, 2017

Teens for Life Poster to be Rehung at Carmel High School

Carmel High School

Carmel High School

I. (a) PLAINTIFFS DEFENDANTS

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)

A lawsuit has been filed against you.

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:17-cv-00693

This summons for (name of individual and title, if any)

u I personally served the summons on the individual at (place)

u I served the summons on (name of individual) , who is

u I returned the summons unexecuted because ; or

I declare under penalty of perjury that this information is true.

Printed name and title

Additional information regarding attempted service, etc:

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)

A lawsuit has been filed against you.

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:17-cv-00693

This summons for (name of individual and title, if any)

u I personally served the summons on the individual at (place)