BREMERTON — Former Bremerton High School football coach Joe Kennedy filed a lawsuit against the Bremerton School District on Aug. 8.
Kennedy and his legal representatives with Liberty Institute held a press conference Aug. 9 in Tacoma, saying his lawsuit, Joseph A. Kennedy v. Bremerton School District, was filed in U.S. District Court, Western District of Washington, at Tacoma.
The purpose of the suit, according to Kennedy’s lawyer Mike Berry, is “to have him reinstated as the coach, with accommodation to allow him to do a short prayer.”
The filing follows months of controversy that took place during the 2016 Bremerton High football season. Kennedy became a coach for the school in 2008, and started a tradition of praying on the 50-yard line after every football game.
The post-game prayer practice was brought to the attention of the Bremerton School District following a comment by an employee of a rival high school after that employee witnessed a post-game prayer in September 2015. What followed was a back and forth between the district and Kennedy, in which the district told Kennedy to cease praying on the field after the games. Kennedy repeatedly refused, claiming it was his constitutional right to freely express his religious beliefs.
Kennedy was ultimately placed on paid administrative leave Oct. 28, 2015. Later, on Dec. 15, Kennedy and his lawyers filed a complaint with the Equal Employment Opportunity Commission. In January, the district opted not to renew Kennedy’s employment contract. The EEOC issued a right-to-sue letter to Kennedy on June 27. Kennedy filed the lawsuit on Aug. 8.
“It’s just really sad that somebody here in America has to choose between their faith and their job,” Kennedy said during the press conference. “It’s come to this and it’s really sad. I just want to be out there with my guys and be coaching and have the constitutional right every American should have.”
Berry, Kennedy’s legal counsel with the Liberty Institute, said the school district has 30 days to respond to the lawsuit.
“We’re very hopeful they will resolve this quickly and reinstate Coach Kennedy,” Berry said. “One of the things we should clarify is, we’re not asking for money damages here, just reinstatement and the ability to do a short personal prayer on the 50-yard line at the end of the football game.”
Berry said they “are hopeful that the school district and their attorney will do the right thing, and that they will respect the Constitutional rights of their employees.
“I think it’s unfortunate that we’ve reached this point,” he said. “However, I would point out that I have personally offered to meet with the school board members and the superintendent on multiple occasions, but my offers to do so have been repeatedly rejected by the school district’s attorney.”
Patty Glaser, communications coordinator with the district, responded to a request for comment by confirming they’d received notice the lawsuit had been filed, and said the district will be working with legal counsel to prepare the district’s defense. Glaser added that since the lawsuit is now before the federal court, “it is not appropriate to discuss this case in the public.”
The lawsuit’s causes of action include violation of the First Amendment right to free speech; violation of the First Amendment right to free exercise; disparate treatment under Title VII of the Civil Rights Act of 1964; protected characteristic as a motivating factor under Title VII of the Civil Rights Act of 1964; failure to accommodate under Title VII of the Civil Rights Act of 1964; retaliation under Title VII of the Civil Rights Act of 1964; failure to re-hire under Title VII of the Civil Rights Act of 1964; request for attorney’s fees and costs; and a demand for a jury trial for all issues that may be tried to a jury.
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin and religion. It generally applies to employers with 15 or more employees, including federal, state, and local governments.
Key passages from the complaint are quoted below.
“This case is about Coach Kennedy’s right to pray quietly and alone at the conclusion of BHS football games, and to do so on the field where the game was played. Coach Kennedy’s sincerely held beliefs compel this brief, private religious expression.”
“BSD has publicly admitted that there is ‘no evidence’ that students have ever been ‘coerced’ to pray with Coach Kennedy.”
“BSD further conceded that Coach Kennedy’s religious expression is ‘fleeting’ — lasting no more than 30 seconds — and that no student, parent or member of the community ever complained about that conduct in Coach Kennedy’s eight years of coaching at BHS.”
“BSD’s revised directive, which purports to ban any ‘demonstrative religious activity’ that is ‘readily observable’ to students or members of the public, is baldly unconstitutional. On its face, BSD’s policy would prohibit all on-duty school employees, while in view of any student or member of the community, from making the sign of the cross, praying towards Mecca or wearing a yarmulke, headscarf or cross. After all, each of these actions is ‘demonstrative’ religious expression and would be interpreted as such.”
“Other BHS coaches have also engaged in religious expression at the beginning and end of BHS football games. For example, Assistant Coach David Boynton has engaged in a Buddhist chant near the 50-yard line at the conclusion of many BHS football games.”
“Upon information and belief, BSD has previously allowed unrestricted public access to the football field at the conclusion of BHS football games. Parents, fans and members of the community frequently walked onto the field to congratulate players, meet with players and socialize after the game. BHS Athletic Director Jeff Barton has described the football field as a public space that cannot be closed to members of the public.” (Editor’s note: One complaint heard throughout the public debate was that Kennedy was only allowed to pray on the field after games, in front of students and the general public, due to his employment with the school district, and that no member of the public could go on the field for religious expression.)
“Although BSD attributed its adverse employment actions to Coach Kennedy’s alleged failure to follow district policy and supervise players (after games), the District’s own correspondence makes it clear that it acted on the basis of Coach Kennedy’s religious expression.”
