The case will not be decided on a disagreement over what happened; but rather, the case will be decided by judge’s interpretation of the law.
Lubbock ISD freely admits in court records that it solicits advertising from churches to be displayed on the jumbotron at Lowry field. However, last year Lubbock ISD rejected an ad for jesustattoo.org.
The District said in its rejection letter that the Jesus Tattoo advertisement “would be deemed public speech of a religious nature.”
“District property and equipment would be used at a school-related event,” the rejection letter said. “Therefore, the District is prohibited from authorizing this public religious speech on governmental property…”
Miller and his company, Little Pencil LLC, sued LISD with some help from the Alliance Defending Freedom.
In previous court records, LISD said the Jesus Tattoo ad proselytized in a way that other church ads did not. In this newest court document, the word “proselytize” is not used.
United State District Court Judge Sam Cummings will allow both sides to provide written arguments concerning the law and the Establishment Clause of the U.S. Constitution. Cummings will then make a ruling without the case going to trial.