Teacher files suit over religious items

CHEEKTOWAGA, N.Y. (WIVB) - A high school science teacher is suing the Cheektowaga Central School District, after she says the district told her to remove personal items of religious nature from her classroom. 

Joelle Silver, a teacher at the school for seven years, says she received a “counseling letter” to remove the items from her classroom. The suit was filed against the district, President of the Board of Education Brian J. Gould, and Superintendent of Schools Dennis Kane.

MORE | You can read the letter Silver received here, which details all the materials the school found objectionable in detail

According to the complaint, filed by the American Freedom Law Center (AFLC), a group that fights for religious issues, Silver had four small posters in her room with psalm verses on them, a poster with a religious quotation from Ronald Reagan, a drawing that the district said is reference to the crucifixion, a poster that had a Bible verse superimposed on the American flag and school books, among other items. The letter Silver received instructed her to take the items down and warned that failing to do so could lead to serious disciplinary consequences.

Superintendent Kane, who says he respects Silver's teaching abilities, says the materials were found to be inappropriate and the district determined they needed to be removed.

MORE | You can read the complaint here, which details what the American Freedom Law Center feels are violations of Silver's personal rights

A student had complained, but not to the district. The superintendent says the student went to a group called "Freedom From Religion," which threatened a lawsuit if the district did not take action.

The complaint filed by the AFLC claims other teachers and faculty at the school were not required to remove items of personal or religious speech. One of the arguments the document makes is in reference to a social worker at the school, who the complaint alleges, by contrast, is allowed to promote a "gay rights agenda."

Silver said, "I believe that my First Amendment rights were violated last June when I was asked to do some things regarding taking some posters down and to censor my speech in the classroom. As a Christian and as an American I feel it's incredibly important to fight to protect the rights that people have died to give them."

The complaint filed against the district also says Silver was told not to participate in the Bible Study Club’s meetings or activities, so it could not be interpreted as being promoted by her or the district. The letter states Silver had a 'prayer box' in the classroom that was being used by the club throughout the school day and instructed her to remove it. The complaint alleges that, by contrast, the school’s Gay Straight Alliance is allowed to have students participate in club activities during the school day.

Robert Muise of the AFLC said, "She was even prevented from having any communication with students during the school day that might have any religious contents."

Superintendent Kane responded, "In this case, you have two interest groups that are diametrically opposed to each other and you have to make certain decisions. And if one side doesn't sue you, the other side probably will."