Published Friday, August 9, 2002
in county court
Herald Staff Writer
A federal lawsuit filed against the Brookfield School District claiming a middle school student was not allowed to write about Jesus for a class assignment will be refiled in Trumbull County Common Pleas Court.
Mark Colucci, attorney for 14-year-old Phillip Vaccaro and his mother Peggy Koehler, said the case should be heard locally instead of in Akron.
"This is such a community issue. It should be heard by a jury comprised of people from the community," he said. "We will be trying this case on our turf."
The case was filed July 1 in U.S. District Court, Youngstown, before it was assigned to U.S. Northern District Justice Judge Aaron Polster, Akron.
Colucci said he made the decision to have the suit voluntarily dismissed after talking with his clients. He plans to refile the suit by Monday and will add more theories of liability into the suit that weren't allowed under federal law.
According to the lawsuit, Vaccaro decided to write a letter to Jesus after his middle school class was instructed by a Brookfield teacher to write a letter to the person that most influenced their lives.
When the teacher approached Vaccaro, he told her he picked Jesus and she cautioned him in front of the class that Jesus was not a real person and told him to pick another topic, the suit states. The "educationally challenged" boy, who chose Jesus because he holds a strong faith in Christianity, was left emotionally devastated and missed school to seek treatment for depression, the lawsuit claims.
The suits states that Vaccaro's First Amendment rights to free speech, expression and freedom of religion were violated by the teacher and the school system and that Ms. Koehler lost her son's love and companionship because of it.
"Brookfield has tried to shatter his world and religion. It's been very hard for him. He's only 14," she said.
Ms. Koehler hopes that national television will help spread her message and give her a chance to thank those who have been supportive.
She and Colucci are scheduled for an Aug. 19 appearance on "The O'Reilly Factor," a FoxNews Channel program.
Ms. Koehler said her son will not appear on the show, adding that he "has been traumatized enough."
Though Ms. Koehler refused to discuss where her children will attend school this fall, she said her kids "absolutely will not" be going to Brookfield.
"I won't have them be taught by atheists," she said.
She said she is pleased with the support the family has received from the community.
"The community has definitely been supportive. It's too bad the school has not. I hope no other children have to face this in the upcoming school year," she said. "God is in our corner and with him all things are possible."
School officials were unavailable for comment this morning.