Teacher dismissed over having a Bible at School sues district Seeks $1 million damages, reinstatement to science post
Pastor Dale Morgan
Teacher dismissed over having a Bible at School sues district Seeks $1
million damages, reinstatement to science post*
Posted: June 13, 2009
A public school teacher fired by an Ohio district after he was accused
of having a Bible on his classroom desk and burning a "cross" into a
student's arm with a scientific device has filed a civil rights lawsuit
against the district, seeking $1 million in damages plus reinstatement
to his position as an 8th-grade science teacher.
The case was filed by lawyers for John Freshwater in federal court in
Columbus, Ohio, against the Mount Vernon School District in Mount
Vernon, Ohio.
School officials declined to comment on the dispute.
But the claim filed by attorney R. Kelly Hamilton alleges 16 counts
including violations of Freshwater's First and 14th Amendment rights of
free speech, free association and free exercise of religion.
The attorney said that Freshwater has been suspended without pay since
July of 2008, and the case has a series of procedural steps to go
through at this point.
He said if there had been legitimate issues to deal with in the dispute,
the district had open a series of procedures through the teachers'
collective bargaining agreement, but none of that happened.
It was reported previously on the dispute, including when the school
board voted to dismiss Freshwater.
Photo released by Mt. Vernon, Ohio, School District are part of its
investigation shows a "brand" mark on the arm of a student
The vote a year ago came after Freshwater was accused of having a Bible
on his classroom desk and also using a high-frequency generator – a
Tesla coil – to make a cross on the arms of students, a mark that faded
after a short time.
A spokesman for Freshwater, Dave Daubenmire, at the time said the "cross
branding" was nothing of the sort. He characterized it as a science
experiment Freshwater had been doing for 21 years in which he made X
marks, not crosses, on the students' skin with a Tesla Coil to
demonstrate electrical current.
"They tried to make it out to be a cross, because it made him look like
some kind of idiot," Daubenmire said of two parents who had sued the
school and Freshwater over the issue.
Daubenmire pointed out experts have affirmed the experiment causes no
injury to students.
Daubenmire, of Pass The Salt Ministries and Minutemen United, also
explained at the time that Freshwater had not used the Bible in his
interaction with students. But he said the teacher believed he should
not forfeit his constitutional rights just because of his occupation.
Named as defendants are board members as well as individuals including
board member Jody Goetzman, Superintendent Steve Short, teaching
director Lynda Weston, Principal William White, board agent David
Millstone, a human resources company called H.R. on Call, board agent
Thomas Herlevi and others.
The defendants "deprived Freshwater of his rights secured and provided
by the United States Constitution" and "discriminated, harassed, and are
attempting to terminate the employment of Plaintiff Freshwater because
Freshwater kept his personal Bible on his desk."
Other "false allegations" have been made in an attempt to discredit him,
according to the lawsuit.
The complaint traces the alleged attacks by the school on Freshwater to
his teaching of science, which included encouragement that his students
question and analyze scientific theories such as evolution.
It confirms Freshwater kept a 28-year-old copy of "The Living Bible –
Paraphrased" on his desk because "he receives personal inspiration from
the presence of the book."
But he said he did not display or reference the Bible in the classroom,
and he didn't follow instructions to remove the Bible because "other
teachers employed by Defendant Board had various personal Bibles on
their desks."
"As a proximate result of Defendant Board, Short and White's religious
discrimination against Plaintiff Freshwater he has suffered and
continues to suffer substantial economic losses and has suffered and
continues to suffer embarrassment, emotional distress, humiliation and
mental anguish, all to his damage," the case alleges.
The case alleges the defendants also violated state regulations and
created a hostile work environment for him.