Naples Daily News: Bonitanews -
[Cached Version]
Published on: 4/15/2004
Last Visited: 6/10/2005
Cypress Lake Middle School student Michelle Heinkel filed a lawsuit against the Lee County School District in federal court in March claiming her First Amendment rights to freedom of speech and to freely exercise her religion are being denied by the district's refusal to permit her to hand out the literature on school grounds.
U.S. District Judge John E. Steele disagreed, refusing to overturn the district's decision that Michelle cannot distribute anti-abortion literature Friday during a national "Day of Remembrance" to remember pregnancies terminated through abortion.
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Michelle and her attorney speculated the judge ruled against her because she had not personally made the request to pass out the literature.The request was made by an organization on her behalf.
"He (Steele) was probably aiming toward us at first, but since I didn't do it personally he could have changed his perspective," Michelle said from her home in Fort Myers.
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Michelle plans to continue with her lawsuit against the School District, and may appeal Steele's ruling, said attorney Joel Oster, who is representing Michelle on behalf of the Liberty Council, an Orlando-based nonprofit legal defense organization specializing in religious and abortion law.
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Freedom to Learn repeated the request this year, saying that students including Michelle signed forms authorizing the group to work on the students' behalf.
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"I think he (Steele) was troubled because Michelle didn't make the request," Oster said.
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Michelle filed a request Wednesday with Browder asking for permission to hand out the literature, Oster said.
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Michelle and Freedom of Learn leaders had sought permission to distribute a pamphlet, part of which School District attorney Thomas Gonzalez characterized Monday as too gruesome for middle-schoolers.
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Gonzalez said Monday that this year's request may have met a different outcome if Michelle sought permission herself before the lawsuit was filed.
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Instead, Michelle wore a T-shirt marking the "Day of Remembrance" and tried to maintain a vow of silence.She kept breaking it because other children asked her why she was quiet and wearing the shirt.If she had literature to pass out, she could have maintained her vow and answered classmates' questions, she said.