An anti-abortion group has sued the Rapid City Area School District for access to public facilities after its repeated requests to use Dakota Middle School's gymnasium were denied.

The federal civil-rights lawsuit was filed Monday in the United States District Court on behalf of Citizens for Life. It named superintendent Peter Wharton, principal Brad Tucker, former assistant building and grounds supervisor Ronald Minks and former building and grounds supervisor Mike Kenton. Minks is now the coordinator of energy management/custodial services, and Kenton is now the director for support services.

Citizens for Life is a local nonprofit Christian organization led by it president, Allen Carlson of Rapid City. It has been in existence for six years and has 245 members.

The suit claims that Dakota Middle School's community-use policy, which allows use of the facilities by all nonprofit community groups that are meeting for a civic, educational and charitable purposes, is "unconstitutionally vague."

The school's policy states that "use of school facilities will be granted only when a proposed activity is suited to the available facility." It also states that school facilities "shall not be used for political purposes" and that politically associated requests will be approved or denied on an individual basis.

"Pro-life groups shouldn't be discriminated against for their beliefs. They have the same First Amendment rights as anyone else in America," Alliance Defense Fund senior legal counsel Byron Babione said in a prepared statement. "The equal-access rights of Citizens for Life must be honored regardless of whether school district officials agree with the group's message."

Talbot Wieczorek of Rapid City, a lawyer for the district, said the defendants believe their policy is sound and will file a response after reviewing the complaint.

"The school district feels that their policy meets the requirements under the law," he said.

The district's policy on community use of its buildings, attached to the filing, allows rent-free use for "all nonprofit civic educational and charitable meetings or activities" as long as it doesn't conflict with district policies or the law.

Citizens for Life's local attorney, Stephen Wesolick, said school officials can decide whether to allow community groups to use facilities but can't be discriminatory when they do.

"When we talk about public property and facilities that an agency will make available generally to the public, there cannot be a denial access to a group because it is faith-based or holds particular viewpoint, whatever the nature may be," he said.

According to the Alliance Defense Fund, Carlson made an initial request in August 2006 for the group to meet at the auditorium to host an anti-abortion speaker. Two months later, the school denied Carlson's request without providing a reason.

In June 2007, Carlson again applied to the school district on behalf of the group to use the school's auditorium to host another anti-abortion discussion. According to the lawsuit, school-district officials told Carlson that the group would not be able to use the auditorium because the group's message was "too controversial" but refused to state the reason in writing.

Citizens for Life has also requested to use the auditorium this May for an event and said members chose the school because it is in a convenient location and is well maintained and spacious.

Alliance Defense Fund attorneys reported that on three separate occasions, they requested copies of public records, including records showing which community groups the school district has allowed to use its facilities. School officials denied that they keep such records and have yet to fully respond to the request.

Wharton said that the lawsuit had been sent to the district's attorney and that he could not make a comment about the case until they had conferred.

Principal Tucker did not return phone calls Tuesday.

Carlson said he was advised not to speak about the case and referred all calls to the Alliance Defense Fund.

Wesolick said the district has about three weeks to reply, and a hearing will probably be set then. A judge will decide on two issues: whether the group will be allowed to use the gymnasium for an upcoming May event and whether the school policy is constitutional.

Wesolick the crux of the case is that "school officials are not permitted to engage in viewpoint discrimination, nor can they continue to stonewall this group."

The Associated Press contributed to this report.

Contact Kayla Gahagan at 394-8410 or kayla.gahagan@rapidcityjournal.com