ADF provides First Amendment lesson to anti-Chick-fil-A school principal

Calif. principal stopped club from selling Chick-fil-A food because of restaurant chain’s position on marriage

Thursday, Sep 18, 2014

Attorney sound bite: Jeremy Tedesco

VENTURA, Calif. – Alliance Defending Freedom sent Ventura Unified School District a letter Tuesday after it prohibited a booster club from selling products donated by Chick-fil-A because of the restaurant’s “political stance on gay rights.” In 2012, Chick-fil-A President Dan T. Cathy publicly affirmed marriage as the union of one man and one woman. The letter explains that discriminating on the basis of that viewpoint is unconstitutional and a violation of federal law.

“Public schools have no business discriminating against anyone based on views about marriage,” said ADF Legal Counsel Matt Sharp. “The First Amendment protects Chick-fil-A’s freedom and its president’s freedom to express their opinions on marriage and other political and social issues. Any retaliation against Chick-fil-A, its president, or the club that accepted the free food based on Dan Cathy’s ‘political stance’ is a violation of federal law.”

Ventura High School officials prohibited the Ventura High School Booster Club from selling products donated by a local Chick-fil-A restaurant as part of a fundraiser for the school. VUSD supported the decision, claiming that the school district “value[s] inclusivity and diversity on campus and all of our events and activities are going to adhere to our mission.”

“The First Amendment clearly protects Chick-fil-A from retaliation based upon its protected religious speech. Accordingly, school districts cannot deny Chick-fil-A the same opportunities to support the school through donations or give-a-ways – or even to sell its products at school events – as are given to other local businesses,” the ADF letter states.

“The Supreme Court has wisely recognized that we must all tolerate speech with which we disagree in order ‘to provide adequate breathing space to the freedoms protected by the First Amendment.’ Our public schools are better places for students, faculty, and community when they foster the free exchange of ideas and support the right of everyone to express their views,” the letter explains.

“We are asking VUSD to reverse its decision and welcome Chick-fil-A and its financial support,” added ADF Senior Legal Counsel Jeremy Tedesco. “By doing so, it will only then embody the ‘values of inclusivity and diversity on campus’ it claims to support.”

Pronunciation guide: Tedesco (Tuh-DESS'-koh)

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.

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Legal Documents

ADF letter to Ventura Unified School District: (2014-09-17)

Related Resources

ABOUT Matt Sharp

Matt Sharp serves as senior counsel with Alliance Defending Freedom, where he is the director of the Center for Public Policy. In this role, he leads ADF's team of policy experts as they craft legislation and advise government officials on policies that promote free speech, religious freedom, parental rights, and the sanctity of human life. Since joining ADF in 2010, Sharp has authored federal and state legislation, regularly provides testimony and legal analysis on how proposed legislation will impact constitutional freedoms, and advises governors, legislators, and state and national policy organizations on the importance of laws and policies that protect First Amendment rights. He has twice testified before the U.S. Congress on the importance of protecting free speech and religious liberty in federal law. Sharp also authored an amicus brief to the U.S. Supreme Court on behalf of nearly 9,000 students, parents, and community members asking the court to uphold students’ right to privacy against government intrusion. Sharp earned his J.D. in 2006 from the Vanderbilt University School of Law. A member of the bar in Georgia and Tennessee, he is also admitted to practice in several federal courts.