Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGIh IA FILED
Newport News Division

CHILD EVANGELISM FELLOWSHIP OF SEP 1 2 2338

VIRGINIA,
CLERK, U.S. DISTRICT COURT
NORFOLK. VA
Plaintiff,

V. Case No. 4:08cv4

WILLIAMSBURG-JAMES CITY COUNTY

SCHOOL BOARD, GARY S. MATHEWS, IN
HIS OFFICIAL CAPACITY AS
SUPERINTENDENT OF WILLIAMSBURG-
JAMES CITY COUNTY PUBLIC SCHOOLS,

Defendant.

ORDER

UPON CONSIDERATION OF THE JOINT STIPULATED CONSENT DECREE AND

ORDER OF SETTLEMENT, the Court hereby finds that this Consent Decree and Order of

Settlement is fair and reasonable, both procedurally and substantively, consistent with applicable

law, in good faith, and in the public interest. The foregoing Consent Decree and Order of

Settlement is hereby APPROVED.

There being no just reason for delay, this Court expressly orders, pursuant to Rule 41 of

the Federal Rules of Civil Procedure, that the Preliminary Injunction is lifted, and this action is

dismissed with prejudice in accordance with the terms of the Consent Decree and Order of

Settlement.

IT IS SO ORDERED.

Raymond A. Jackson
United States District Judge
Date:
Judge
 Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 2 of 9

Seen and agreed:

David P. eorffgan
VSB No. 26341
Attorney for Williamsburg-James City County School Board, Gary S. Mathews, etc.
Harman, Claytor, Corrigan & Wellman
P.O. Box 70280
Richmond, Virginia 23255
(804) 747-5200
(804) 747-6085 - facsimile
dcorrigan@hccw.com

9/u
Mary E. IvfibAlister
VSB No. 76057
Attorney for Plaintiff, Child Evangelism Fellowship of Virginia
Liberty Counsel
PO Box 11108
Lynchburg, VA 24506
(434) 592-7000
(434) 592-7700 Facsimile
court@lc.ora
 Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 3 of 9

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Newport News Division

CHILD EVANGELISM FELLOWSHIP OF

VIRGINIA,

Plaintiff,

v. Case No. 4:08cv4

WILLIAMSBURG-JAMES CITY COUNTY

SCHOOL BOARD, GARY S. MATHEWS, IN
HIS OFFICIAL CAPACITY AS
SUPERINTENDENT OF WILLIAMSBURG-
JAMES CITY COUNTY PUBLIC SCHOOLS.

Defendants.

JOINT STIPULATED CONSENT DECREE AND ORDER OF SETTLEMENT

The Plaintiff, Child Evangelism Fellowship of Virginia, Inc. and the Defendants,

Williamsburg-James City County School Board (the School Board) and Gary S. Mathews, in his

official capacity as Superintendent, pursuant to Rule 41 of the Federal Rules of Civil Procedure,

hereby jointly stipulate and agree to the entry of this Consent Decree and Order of Settlement,

stating as follows:

WHEREAS, this case involves claims by Plaintiff Child Evangelism Fellowship under 42

U.S.C. §1983 concerning the right to Freedom of Speech, Equal Protection, Free Exercise of

Religion and violation of the Establishment Clause under the First Amendment and Fourteenth

Amendments of the United States Constitution, and seeks declaratory, preliminary and

permanent injunctive relief and damages;

WHEREAS, Plaintiff sponsors Good News Clubs and sought to use Williamsburg-James

City County School facilities free of charge;

 Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 4 of 9

WHEREAS, this Honorable Court entered a Preliminary Injunction ordering the School

Board to cease and desist charging user fees to Plaintiff for use of Williamsburg-James City

County School facilities pending the outcome of trial;

WHEREAS, Plaintiff and Defendants (collectively the "Parties") desire to resolve the

outstanding issues raised by this lawsuit and further desire to reach a stipulated agreement, and

request that this Court, by entering this Order, find that settlement of this matter has been

negotiated by the parties in good faith, is intended to avoid expensive and protracted litigation

between the Parties, and is fair, reasonable, and in the public interest;

THEREFORE, with the consent of the Parties, it is ORDERED, ADJUDGED and

DECREED as follows:

I. COVENANTS BY DEFENDANTS

1. The Williamsburg-James City County School Board shall allow the Good News

Clubs sponsored by Plaintiff to meet in school facilities within Williamsburg-James City County

consistent with the School Board's recently enacted Community Use of School Facilities policy,

attached hereto as Exhibit "A".

2. The School Board, through VML Insurance Programs shall reimburse to

Williamsburg Community Chapel $1,246.95 for fees paid for Good News Clubs at

Williamsburg-James City County schools in 2006,2007 and 2008.

3. The School Board through VML Insurance Programs, shall pay to CEFV

$20,000.00 for fees and costs incurred in this litigation.

 Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 5 of 9

II. COVENANTS BY PLAINTIFFS

Plaintiff hereby covenants to dismiss with prejudice any and all claims against Defendant

Gary Mathews in his official capacity, and any and all claims against Defendant Williamsburg-

James City County School Board.

III. EFFECT OF SETTLEMENT

Nothing in this Consent Decree and Order of Settlement shall be construed to create any

rights in, or grant any cause of action to, any person not a party to this Consent Decree and Order

of Settlement. Each of the parties expressly reserves any and all rights, defenses, claims,

demands and causes of action which each party may have with respect to any matter, transaction

or occurrence relating to any person not a party hereto.

IV. ENTIRE AGREEMENT

This Consent Decree and Order of Settlement is the entire agreement between Plaintiff

and Defendants. All prior conversations, meetings, discussions, drafts and writings of any kind

are specifically superseded by this Consent Decree and Order of Settlement.

V. EFFECTIVE DATE

The effective date of this Settlement Agreement shall be the date upon which it is entered

by the Court. If for any reason the District Court does not enter this Order, this Consent Decree

and Order of Settlement shall be effective as a settlement agreement between the parties on the

date signed by the parties or their counsel.

VI. MODIFICATIONS

This Consent Decree and Order of Settlement shall not be modified or amended except

by mutual written consent of all Parties, with approval of the Court.

 Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 6 of 9

VII. REPRESENTATIVE AUTHORITY

Each undersigned representative of the Parties to this Consent Decree and Order of

Settlement certifies that he or she is fully authorized by the party to enter into and execute the

terms and conditions of this Consent Decree and Order of Settlement, and to legally bind such

party to this Consent Decree and Order of Settlement. By their representative's signature below,

the Parties consent to entry of this Consent Decree and Order of Settlement.

DATED: S N I 08
Respectfully submitted, -.

Steve C. David P. Corrigan

VSB No. VSB No. 26341
Attorney for Plaintiff Attorney for Defendants
Law Offices of Steve C. Taylor, P.C. Harman, Claytor, Corrigan & Wellman
133 Mount Pleasant Road P.O. Box 70280
Chesapeake, VA 23322 Richmond, VA 23255
(757) 482-5705 (804) 747-5200
(757)-546-9535 - facsimile (804) 747-6085 - facsimile
SteveTavlor@christianrights.org dcorrigan@hcw.com

Mary E. McAlister
VSB No. 76057
Attorney for Plaintiff
Liberty Counsel
PO Box 11108
Lynchburg, VA 24506
(434) 592-7000 Telephone
(434) 592-7700 Facsimile
court@lc.org
Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 7 of 9
Williamsburg-James City County Public Schools
Policies and Procedures Manual

Code: KG
Section : School-Community Relations

Subject: COMMUNITY USE OF SCHOOL FACILITIES

General:

The School Board believes in the full and best possible utilization of the physical facilities
belonging to the citizens of the City of Williamsburg and James City County. To achieve
this end, the use of school facilities for school and student-related activities, as well as
by outside organizations and groups shall be encouraged when these activities will not
interfere with the educational program in the schools.

Proper protection, safety and care of school property shall be primary considerations in
the use of school facilities.

• Memberships - The membership of any group or organization requesting the use

of school facilities must have a majority of its membership reside in the City of
Williamsburg and in the County of James City. This restriction does not exclude
the use of certain facilities, as determined by the Superintendent, or designee,
by state and national organizations that have a local sponsoring division.

Application and Approval

Applications must be sponsored by reputable and established clubs, societies, or

organizations that reasonably can be held responsible for the payment of charges,
compensation for damages to property and for use of the property in reasonable
conformity with the regulations on the application. School facilities will not be leased to
individuals.

The School Board authorizes the Superintendent, or his/her designee, to approve all
applications for the use of school facilities that meet the requirements of the School
Board policy, that comply with implementing regulations the Superintendent or designee
deems necessary to protect school property, and that do not conflict with established
business or commercial interests of the community.

Unless there are extenuating circumstances^ no use of facility application will be

considered more than six months prior to the desired use date.

Cancellation:

The Superintendent or designee reserves the right to cancel a rental contract in the
event of emergencies. For extended use agreements and under extreme circumstances,
the School Division reserves the right to cancel or renegotiate the agreement with thirty
(30) days prior notice. An approved Facilities Use Permit shall not be considered as a
lease and the School Division reserves the right to cancel a permit. In the event of such
cancellation there shall be no claim or right to compensation.
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EXHIBIT

A
Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 8 of 9
Williamsburg-James City County Public Schools
Policies and Procedures Manual

Fees:

The Superintendent, or designee, shall establish a schedule of fees for the use of the
school facilities, equipment and staff, included under Use of School Facilities:
Regulations, and may make additional adjustments in the fees as necessary. The School
Board will review this fee schedule annually.

Fees will be invoiced to the sponsoring organization. The sponsoring organization whose
name appears on the application shall be held responsible for any and all damages to
school property and equipment.

In order to afford some protection for citizens who might be injured on school property
while attending or participating in functions of non-school groups, the School Board may
require users of school facilities to carry a commercial general liability insurance policy
with a minimum limit per occurrence of $1,000,000. A Certificate of Insurance for the
policy, naming the WJCC Public Schools as an additional insured, may also be required
along with the facility use request. The School Board reserves the right to require
increased insurance coverage on any event.

In general, the following fee determination criteria will apply:

Group Use Fees

Any James City County or City of Williamsburq department No use fee
All school division functions and activities, PTA activities, and school No use fee
sports events.
All groups using the school facilities Monday-Friday during the school No use fee
year and when school is in session, beginning after school hours until
6:00 p.m.
All groups, other than those set forth above, using the school facilities Use fee
after 6 pm during the school week, on weekends or holidays, and when charged (see
school is not in session schedule of
fees)

Please note that the exemption from a facility use fee does not preclude a fee for the
use of equipment and/or staffing/custodial costs. Equipment rental fees and/or staffing
costs will be applied where requested and/or required.

Extended Use:

An organization, other than agencies of James City County and/or the City of
Williamsburg, may not use/rent any school facility on Saturdays or Sundays on a
continuing basis for a period longer than one year, without a break of at least six
months. However, if evidence is provided that the organization is making progress
towards having its own an extension beyond one year will be considered.

The use of school facilities on weekends for more than two consecutive weeks must be
approved by the School Board.
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Case 4:08-cv-00004-RAJ-TEM Document 39 Filed 09/12/2008 Page 9 of 9
Williamsburg-James City County Public Schools
Policies and Procedures Manual

Reporting:

The Assistant Superintendent for Operations will prepare and submit to the School Board
a monthly report detailing facility usage statistics and fees collected on a year-to-date
basis.

Adopted: 11/20/79
Revised: 8/17/82,9/18/90,8/24/93,10/07/03,7/13/04, 9/2/08
LEGAL REFERENCES: Sections 22.1-131, 22.1-132, Code of Virginia
CROSS REFERENCES: Policy KG-R, Use of School Facilities: Regulations

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