BREMERTON — Joe Kennedy, former Bremerton High School football coach, filed an appeal Oct. 3 with the U.S. Court of Appeals for the Ninth Circuit.
The appeal comes following U.S. District Court Judge Ronald Leighton’s denial of a preliminary injunction on Sept. 19 for the lawsuit Kennedy filed against the Bremerton School District.
After months of controversy regarding Kennedy’s post-game prayer on the 50-yard line, the school district opted not to renew Kennedy’s employment contract in December 2015. Also that month, Kennedy, represented by the nonprofit Texas-based law firm Liberty Institute, filed a complaint with the U.S. Equal Employment Opportunity Commission. Following the EEOC’s investigation, Kennedy and his lawyers filed a lawsuit against BSD for religious discrimination, asking for Kennedy to be reinstated as a coach at BHS.
When the preliminary injunction was denied, Kennedy’s lawyer Mike Berry said, “We are disappointed with this temporary setback, but we’re committed to continuing to fight for coach Kennedy and get him back on the sidelines as quickly as possible.”
Berry added that the legal team would evaluate their legal options before making a decision on what to do next “at the appropriate time.”
Ultimately they filed an appeal with the U.S. Court of Appeals for the Ninth Circuit.
“If the Constitution protects the right of a football coach to kneel in protest, it should certainly protect the right of a football coach to kneel in prayer,” Berry said in a press release issued by the Liberty Institute.
Kennedy is also represented by Gibson, Dunn & Crutcher LLP, Oldfield & Helsdon, PLLC, and attorney Anthony Ferate.
“We look forward to the opportunity to vindicate coach Kennedy’s First Amendment rights on appeal,” Rebekah Ricketts, attorney at Gibson, Dunn & Crutcher, said.
“We hope the court will do the right thing and allow a great coach to be reunited with his players at Bremerton High,” attorney and Bremerton High School alumni Anthony J. Ferate added.
Read additional information provided by the Liberty Institute at www.coachkennedyfacts.com.
To read previous coverage of this issue, visit:
— Sept. 22: Kennedy’s preliminary injunction denied by U.S. District Court judge
— Aug. 11:Former coach Kennedy files lawsuit against Bremerton School District
— Nov. 13, 2015:Public comments on public prayer
— Oct. 26, 2015:Satanic Temple offers to hold invocations after next football game
— Oct. 26, 2015: Kennedy to file lawsuit against school district over post-game prayers
— Oct. 22, 2015: School board and public comments on post-game prayer
— Oct. 17, 2015: Centralia football team joins Bremerton coach in prayer
— Oct. 14, 2015: Kennedy to resume prayers with football team
— Sept. 18, 2015: Football coach won’t be fired; can’t participate in post-game prayers
— Sept. 16, 2015: Post-game prayers at center of controversy