GREEN BAY, WI (WTAQ-WLUK) – Northeast Wisconsin Technical College violated a student’s First Amendment rights when it stopped her from handing out religious-themed Valentine’s Day cards, a federal judge ruled.
“It’s been a long battle and I was very happy to see that the judge saw that the little messages on here are just like having a conversation saying have a good day,” said Polly Olsen.
Olsen distributed the cards – with messages such as “Jesus Loves You!,” “You are Loved!,” and “You are never alone!” and Bible verses. A school security officer stopped her, citing the school’s Public Assembly Policy. She then filed suit.
NWTC’s president Jeffrey Rafn tells FOX…
“It was never about handing out Valentines. It was more about where it was being done.”
One portion of the court document says:
Olsen entered the College of Business building and handed out Valentines to several individuals she encountered in the entrance area and nearby hallways before proceeding onward. She then entered the area where the offices of the College of Business are located and gave Valentines to no more than five personnel, including the receptionist. There were no signs in the office area indicating that students needed permission to access certain areas.
In the 14-page decision issued Friday, Judge William Griesbach awarded Olsen $1 in damages. He said in part:
There can be no doubt that in handing out her home-made Valentines to her fellow students, friends, and staff at NWTC, Olsen was engaged in a constitutionally protected form of expression. Olsen was not trying to hold a public meeting for open discussion of her opinions or beliefs. She was not convening a political rally or religious revival meeting. Instead, she simply sought to convey her messages of joy and love commemorating the day to her friends and others she encountered individually as she walked through the commons and hallways, and visited her friends in their offices. Had she done so in a manner that was unruly or disruptive to the goals of the College, or if the messages she sought to convey were obscene or indecent, NTWC would have been justified in stopping her. But Olsen did none of these things.
Rafn said, “We always have and will continue to support freedom of speech here. We never saw this as an issue of freedom of speech and, certainly, we’ll follow through on what the judge has required us to do.”
At the time the suit was filed, the college said Olsen was violating the school’s public assembly policy, which sets a designated space for distribution of literature, picketing or displaying protest signs.
Griesbach said in part:
…the college argued that Olsen’s case is moot because NWTC changed the policy under which she was prevented from handing out Valentines. A claim is moot when it no longer involves an actual and ongoing controversy. A question of mootness arises when a challenged statute, ordinance, or policy is repealed during the pendency of litigation, and a plaintiff seeks only prospective relief. NWTC’s new policy does not render this case moot. It is clear from its new policy, as well as the defense of its actions under its old policy, that NWTC has not and has no intention of ceasing the very behavior that gave rise to Olsen’s lawsuit. To the contrary, its new policy appears to have been enacted with the clear goal of more effectively arming NWTC to accomplish the same result…“The policy was really the intent was to address the issues of public assembly and public assembly is multiple individuals getting together so that doesn’t particularly pertain to that situation. But I can see in reading the policy that might not be clear so we’ll clarify that this is about multiple individuals,” Rafn said.
Rafn went on to say the college has 30 days to appeal the decision and school officials will review their options.
FOX 11 asked Olsen if the lawsuit was worth it and she said,
“It’s not about money it’s about freedom and standing up for what’s right and more people need to do it. Not for the reward. The reward is, maybe, saving a life with the positive word to them.”
