United States Eighth Circuit

Grant of preliminary injunction to an association of students, Straights and Gays for Equality (SAGE), on their Equal Access Act claim, requiring that they have the same access for meetings, avenues of communication and other miscellaneous afforded to other "curricular" groups in high school, is affirmed where: 1) SAGE is likely to prevail on the merits as it does not have equal access to the same avenues of communication as other noncurriculum related groups; and 2) plaintiffs were entitled to a presumption of irreparable harm.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• SMITH, Circuit Judge., Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lawrence J. Hayes, Jr. (argued), Mendota Heights, MN (Stephen M. Knutson, Knutson & Flynn, on the brief), for appellants.


• For Appellees:
  
• David P. Pinto (argued), Minneapolis, MN (Thomas C. Kayser, Michael D. Okerlund, Robins & Kaplan, Minneapolis, MN, Teresa J. Nelson, ACLU of Minnesota, St. Paul, MN, on the brief), for appellees.