IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL DISTRICT

IN AND FOR PALM BEACH COUNTY, FLORIDA
BRANDON DAKOTA SILVER,
a minor child, by his father and prochain
ami, BARRY SILVER
Plaintiffs,
CASE NO.
v.
SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
Defendant.
____________________________________/
COMPLAINT FOR INJUNCTIVE RELIEF
COMES NOW Plaintiff Brandon Dakota Silver (hereinafter “Brandon”) by undersigned
counsel pursuant to Fla. Rule of Civil Procedure 1.610 et seq. and sues Defendant for injunctive
relief, costs and attorney’s fees as grounds therefor states:
1.

This is a claim for temporary and permanent injunctive relief based on F.R.C.P. 1.610.

2.

Plaintiff Brandon is a 10 year old 5th grade student in the public schools of Palm Beach

County, Florida, who currently attends Waters Edge Elementary School.

He brings this case

through his father and best friend, Barry Silver.
3.

Defendant School Board of Palm Beach County, Florida (hereinafter “School Board”) is the

governing body which oversees the public schools of Palm Beach County, Florida.
4.

All conditions precedent have been performed, waived or excused.

5.

There are currently schools and textbooks which provide false, misleading, and dangerous

information about certain religions, and purposely omit factual information if it appears
unfavorable to them and/or politically incorrect, which cause Palm Beach County public school
students not to receive a high quality education as required by Florida law.
6. This failure to tell the truth about the dangers, as well as the benefits, of religion to the next
generation of our future leaders and voters, harms the safety and security of our nation.

7. The danger of fundamentalist religion is often obscured and downplayed due to the failure of
Defendant School Board to properly monitor its textbooks, and the efforts of fundamentalist
religious believers to impose their un-scientific, irrational beliefs such as creationism, which
masquerades as science upon the children of this state and county.
8.

Subjects such as science, history, current events and social studies, are not always taught

based on facts, reason and objective evidence, but rather are often taught based upon political
correctness and a fear of criticism from religious fundamentalists who will complain if evolution
is taught, and/or if anything negative is taught about their religion.
9. Such complaints could negatively affect the political careers of School Board members, and
thus they set policy and curriculum based on political, not educational correctness.
10.

As a consequence, Plaintiff Brandon and other students are deprived of a proper education

and are not taught the truth about science, evolution, religion, history and current events.
11.

As a further result of the custom, policy and practice of the Defendant, religion is taught in

such an overly positive manner and evolution is taught in such a negative or neglectful manner, if
at all, that this constitutes the promotion and/or teaching of religion in our public schools in
violation of the United States and Florida Constitutions.
12.

Students in the public schools of Palm Beach County, Florida under the direction and

control of Defendant, School Board, are encouraged and/or required by their teachers to watch
computerized instruction and testing called “Brainpop”.
13.

One episode of Brainpop, that Plaintiff Brandon and others were required to watch,

“informs” students about the attack on America by Muslim fanatics and murderers who
perpetrated one of the worst foreign attacks upon our nation in history on September 11, 2001.

14. Rather than provide truthful information about the cause of this attack, Brainpop explains
that the attack of September 11, 2001 went against all the teachings of Islam and further stated,
“In fact, the Koran, the holy book of Islam, calls for Muslims to be peaceful, not to kill.”
15.

This false statement obscures the motives and causes of the attack of September 11. While

there are many peaceful and pleasant Muslims, and there are many peaceful and pleasant parts of
the Koran, there are plenty of other passages in the Koran which are not peaceful and which
encourage Muslims to kill and instruct them not to be peaceful towards non-believers.
16.

Just a few of the many passages that teach Muslims not to be peaceful include:

Quran (2:191-193) - "And kill them wherever you find them, and turn them out from where they
have turned you out
Quran (2:244) - "Then fight in the cause of Allah, and know that Allah heareth and knoweth all
things."
Quran (2:216) - "Fighting is prescribed for you, and ye dislike it. But it is possible that ye dislike
a thing which is good for you, and that ye love a thing which is bad for you. But Allah knoweth,
and ye know not."
Quran (3:56) - "As to those who reject faith, I will punish them with terrible agony in this world
and in the Hereafter, nor will they have anyone to help."
Quran (3:151) - "Soon shall We cast terror into the hearts of the Unbelievers, for that they joined
companions with Allah, for which He had sent no authority
Quran (4:74) - "Whoso fighteth in the way of Allah, be he slain or be he victorious, on him We
shall bestow a vast reward."
Quran (4:89) - "They but wish that ye should reject Faith, as they do, and thus be on the same
footing (as they): But take not friends from their ranks until they flee in the way of Allah (From
what is forbidden). But if they turn renegades, seize them and slay them wherever ye find them;
and (in any case) take no friends or helpers from their ranks."
Quran (4:95) - "Not equal are those believers who sit (at home) and receive no hurt, and those
who strive and fight in the cause of Allah with their goods and their persons. Allah hath granted
a grade higher to those who strive and fight with their goods and persons than to those who sit
(at home). Unto all (in Faith) Hath Allah promised good: But those who strive and fight Hath He
distinguished above those who sit (at home) by a special reward,-"

Quran (4:104) - "And be not weak hearted in pursuit of the enemy; if you suffer pain, then surely
they (too) suffer pain as you suffer pain..."
Quran (5:33) – “The punishment of those who wage war against Allah and His messenger and
strive to make mischief in the land is only this, that they should be murdered or crucified or their
hands and feet should be cut off on opposite sides or they should be imprisoned; this shall be as
a disgrace for them in this world, and in the hereafter they shall have grievous chastisement”
Quran (8:12) - "I will cast terror into the hearts of those who disbelieve. Therefore strike off their
heads and strike off every fingertip of them"
Quran (8:39) - "And fight with them until there is no more fitna (disorder, unbelief) and religion
should be only for Allah
Quran (8:59-60) - "And let not those who disbelieve suppose that they can outstrip (Allah's
Purpose). Lo! they cannot escape. Make ready for them all thou canst of (armed) force and of
horses tethered, that thereby ye may dismay the enemy of Allah and your enemy."
Quran (8:65) - "O Prophet, exhort the believers to fight..."
Quran (9:5) - "So when the sacred months have passed away, then slay the idolaters wherever
you find them, and take them captive and besiege them and lie in wait for them in every ambush,
then if they repent and keep up prayer and pay the poor-rate, leave their way free to them."
Quran (9:14) - "Fight them, Allah will punish them by your hands and bring them to disgrace..."
Quran (9:29) - "Fight those who believe not in Allah nor the Last Day, nor hold that forbidden
which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth,
(even if they are) of the People of the Book, until they pay the Jizya with willing submission, and
feel themselves subdued."
17.

Thus, it is false to teach that all the teachings of the Koran and Islam are peaceful and that

those who attacked this country on September 11, 2001 went against the teachings of the Koran.
18.

Due to the failure to tell the truth about the Koran and Islam, Plaintiff and other students in

the public schools of Palm Beach County, are not being taught the true cause of such events as
the bombing in Boston, the September 11 attack and other acts of terrorism, and thus this
generation of students is misinformed about issues regarding the security of our country.
19.

It is a violation of the rights of the Plaintiff and other students in Palm Beach County to

require them to learn about Islam in a way that does not provide factual information, but instead

provides apologetics, indoctrination and/or religious propaganda by falsely claiming that the
September 11 attack upon our country was committed by individuals who went against the
teachings of the Koran, when in fact, it was consistent with teachings in the Koran.
20. The above distortions promote Islam in particular, and religion in general.
21. The above distortions constitute the teaching of religion, i.e. Islam, in violation of the First
Amendment to the United States Constitution and Article I, Section 3 of the Florida Constitution.
22. While some Muslims claim that the Koran teaches only peace, such a conclusion is not
based on what the Koran actually says, but rather, is based upon the teachings of Islam, which
has no place in the public schools.
23.

The failure to tell the truth about the true cause of the September 11 attack, prevents our

citizens and future leaders from understanding threats to our country, undermines our efforts to
keep us safe from similar attacks in the future, and constitutes the teaching of Islam.
24.

Political correctness prevents Plaintiff and others from learning the truth about

fundamentalist Islam and evolution, which furthers, advances, and teaches Islam and
Christianity, in violation of the United States and Florida constitutions and undermines science.
25.

The misinformation promulgated by Defendant School Board and the teaching of Islam,

permits the politicizing of our public schools and aids and abets the indoctrination and potential
brainwashing of children towards religion in general and Islam and Christianity in particular.
26.

As of 2015, students of Palm Beach County continue to be taught terrible lies about Jews

as if they were historical fact. These lies have caused great suffering and death for millions of
Jews over the past 2000 years and have no place in textbooks used in Palm Beach County.
27.

These lies are part of the foundation of the Christian religion and Christian Scripture, and

are the basis for anti-Semitic attitudes that have become entrenched in the minds of millions of

people in the Western World. Although these lies have been rejected by many Christians today,
other Christians still teach them and they continue to bring great harm to Jews.
28. These anti-Semitic lies are not based on history and fact, but are rather based on Christian
faith and belief, and have been rejected by historians and many Christians today.
29. Thus, the inclusion of these anti-Semitic lies constitutes not only the teaching of religion,
i.e. Christianity, but the teaching of some of the worst aspects of Christianity, which reflect the
ideas of a by-gone era, now repudiated by many Christians due to the lack of evidence to support
these teachings and the terrible harm that they have caused the Jewish people and others.
30. Some of these statements include the following:
“[Jesus] was essentially a rabbi, or teacher, and that, offended …by the perfunctory nature of
mainstream Jewish religious practices in his time, he prescribed a return to the personal faith
and spirituality of an earlier age.”
“the Jewish authorities in Jerusalem…turned him over to the Roman governor, Pontius Pilate…
Jesus was..executed by crucifixion…”
“Jesus was offended by what he perceived as Jewish religious and political leaders’ excessive
concern with money and power…”
(See The Earth and Its People: A Global History. Houghton Mifflin, 2005 page 134)
31.

The teachings described in the above paragraph constitute the teaching of religion, i.e.

Christianity, in violation of the Florida Constitution which prohibits the expenditure of public
funds for religion and prohibits the teaching of religion in our public schools under Article 1,
Section 3 of the Florida Constitution.

32.

While the textbooks change periodically, the type of statements referred to above are

consistently taught by the Defendant School Board to unsuspecting students who, along with
their parents, place their trust in school officials and teachers to teach the truth, not religion.
33.

Defendant School Board does nothing to properly monitor the textbooks, computerized

learning and teachers in order to prevent religious groups and/or influence from undermining the
education of public school students with statements such as those contained herein.
34.

This failure to monitor textbooks and computerized learning in Florida further renders the

education of students in this State inadequate under Florida law.
35.

There is no transparency in the process of textbook review and selection because it takes

place in secret with no opportunity for discussion, critique or review by the public.
36.

Due to the State of Florida’s failure to properly monitor the textbooks and computerized

learning used in our public schools, it is incumbent upon the Defendant School Board to exercise
local control and to take on the task of monitoring the textbooks and computerized learning.
37.

The view among most parents and educators in Palm Beach County is different than in

Tallahassee, yet Defendant provides no local review by the public of its procedures and actions.
38.

As a result of the undue influence of those who practice fundamentalist religion, especially

Christian and Muslim fundamentalism, the negative aspects of religion are glossed over or
ignored, while the positive influences are embellished.
39. This biased view towards these religions, constitutes the teaching of Christianity and Islam
in our public schools in violation of the United States and Florida Constitutions.
40.

As a further result of the improper influence of religious groups upon the Defendant

School Board, the teaching of evolution and natural selection is often ignored, questioned or
denied, especially in the early grades, depriving the students of Palm Beach County during the

formative years of their education, the opportunity to learn about this scientific truth which is
essential to understanding social studies, history, science, current events, and every subject.
41.

As a direct and proximate result of the above, the schools of Florida lag behind the schools

of other parts of the country, depriving Plaintiffs and others of a proper education.
42. Plaintiff Brandon has attended public school in Palm Beach County since kindergarten, and
in all this time throughout elementary school, he has never heard any mention in school by his
teachers, of one of the greatest scientific breakthroughs of all time, and the cornerstone of
science, the theory of evolution, and thus his education, and the education of all public school
students in Palm Beach County is inaccurate, inadequate and incomplete due to the improper
influence of religion.
43.

The Florida Department of Education has an obligation to ensure that “Adequate provision

shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public
schools that allows students to obtain a high quality education…”
44.

The School Board has an obligation to carry out the above obligation of the FDOE in the

public schools of Palm Beach County, Florida. The standards for the State of Florida require the
teaching of evolution in the elementary school years, especially in the 5 th grade, but evolution is
not taught to 5th graders or any other elementary school students in violation of state standards.
45.

The School Board’s actions as described above have harmed the Plaintiff, all children who

attend Palm Beach County public schools, and the public.
46.

By not learning about evolution, the education of Plaintiff and others in Palm Beach

County public schools, is not only inadequate, it is not as exciting and interesting as it should be,
and as a direct and proximate result, all public school students, including the Plaintiffs suffer.

47.

Feeding misinformation about religion and threats to our country to children throughout

the public schools of Palm Beach County pose harm to all people, including the Plaintiffs.
48.

The Defendant School Board has a consistent policy, custom and practice of behaving in a

politically correct manner which deprives the students of this county from learning the truth
about Islam, Christianity, Judaism, religion, evolution and other important issues.
49.

The Defendant has a custom, policy and practice of acting in a politically correct fashion in

order to avoid public criticism. This custom, policy and practice result in the Defendant not
teaching the truth about religion and science to students in their schools.
50.

It is the custom, policy and practice of Defendant, whose leaders are subject to political

elections, to avoid controversy and to avoid antagonizing religious voters who do not believe in
evolution and who believe in a particular religion, and/or support religion in general.
51

Thus, Defendant does not properly teach evolution, and/or treats it as merely one theory

among many, and/or avoids the subject altogether, especially in the early grades when some
parents seek to indoctrinate their children with religion rather than teach them science.
52.

All teachers of Palm Beach County public schools, including the teachers at Waters Edge

Elementary School, which is attended by Plaintiff Brandon, are instructed and/or led to believe
by the Defendant, not to discuss natural selection, Darwin, and the theory of evolution in
elementary school and/or to give it short shrift or teach evolution through natural selection as one
theory among others to explain how all plants and animals, including us, came to be, and are led
to believe that they must say only positive things about religion, even if this conflicts with the
truth, or they may face disciplinary action.
53.

There has never been any guidance provided by the Defendant School Board to the

teachers of this county, that the teachers are free to teach the truth about science and religion

without fear of retribution or disciplinary action. To the contrary, the Defendant School Board,
by its actions, its inaction, and its method of discipline, gives the impression to teachers, that
their jobs are safer if they avoid discussion of evolution and natural selection, and refrain from
saying anything negative about any religion in particular, or religion in general.
54.

The 5th grade science book used by Plaintiff Brandon, entitled Florida Science Fusion, by

Houghton Mifflin Harcourt, discusses adaptation and the effect of environmental changes on
organisms, yet never mentions Charles Darwin, evolution or natural selection as shown by
excerpts and the index from this textbook attached hereto and incorporated herein by reference as
composite Exhibit A.
55.

Such a grave oversight would be akin to discussing the founding of the United States

without mentioning the Declaration of Independence or the Constitution, or discussing sports in
America, without mentioning baseball or football.
56. This oversight regarding evolution and natural selection, as well as the failure to mention
anything negative about religion, is not accidental, but rather reflects the influence of religion
upon the SCHOOL BOARD, and is carried out by the SCHOOL BOARD instructing, and/or
communicating to all teachers under its employ, directly and/or indirectly, that they must not
teach anything about Charles Darwin, evolution and natural selection in elementary school, must
downplay or ignore evolution and natural selection in the older grades, and must refrain from
teaching anything negative, about religion in all grades, or they may face disciplinary action.
57.

As a direct and proximate result of such actions, the teachers of the public schools of Palm

Beach County do not tell the truth about science, history and current events, and the Plaintiff, as
well as all other students of Palm Beach County public schools, are deprived of a proper
education, and receive an education which has been corrupted by the influence of religion.

58.

The Defendant School Board fails to teach the students of this County, including Plaintiff

Brandon, the truth about religion and fails to teach them the truth about horrors that have been
committed by misguided Muslims and Christians in the name of their religion throughout history,
and fails to teach the fallacies and cruelties contained in Jewish Scripture.
59. The Defendant’s failure to properly monitor textbooks, its failure to review in any way the
information assigned to students on Brainpop, its acting in concert with those who seek to
indoctrinate the students of Florida towards their own religious beliefs, its failure to properly
teach evolution in our public schools, especially in the early grades when scientific views are
being formed by our children, its spreading of misinformation about the Koran, the reason for the
attack of September 11, and other religions, and its use of a 5 th grade science book which teaches
all around evolution and natural selection but never mentions these terms as if they are “dirty
words” constitute the establishment and/or promotion of Christianity and Islam in particular and
religion in general in violation of the Florida and United States Constitutions and the rights of the
Plaintiff and all Palm Beach County public school students.
60.

Without the issuance of an injunction, the actions of the Defendant will continue to harm

and pose the threat of immediate irreparable harm to Plaintiff and other students of the public
schools of Palm Beach County, for which there is no legal remedy.
61.

Without the issuance of an injunction, the actions of the Defendant will continue to violate

the rights of the students and their parents by teaching and establishing religion in public school.
62. There is a substantial likelihood that Plaintiff will succeed on the merits of this case.
63.

The granting of injunctive relief will not disserve the public interest. The public interest

will be furthered by the granting of the requested injunctive relief.

64.

The Plaintiff has no adequate remedy at law, and the Plaintiff, as well as all students in the

public schools of Palm Beach County are suffering, and will continue to suffer irreparable injury
if the requested injunctive relief is not granted.
65. All conditions precedent to this lawsuit have been met, waived and/or excused.
66.

Plaintiff has exhausted all administrative remedies and/or there are no administrative

remedies available to Plaintiff. Plaintiff’s father used his best efforts to seek administrative
remedies but was informed by the School Board Superintendent and others who determine
curriculum that evolution and natural selection would not be taught in elementary school
including 5th grade, and there was nothing he could do to change this, and was advised by
Brandon’s science teacher that evolution was not part of the curriculum for 5th grade.
COUNT 1: VIOLATION OF FLORIDA STATUTE 1000.03
67. Plaintiff Brandon repeats paragraphs 1 through 66 as if fully set forth herein.
68.

Pursuant to F.S. 1000.03, which describes the “Function, mission and goals of the Florida

K-20 Educational System”, the Defendant is obligated to ensure that “Parents, students, families,
educational institutions, and communities are collaborative partners in education, and each plays
an important role in the success of individual students.”
69.

The above obligations to Plaintiff and other students, expressed in F.S. 1000.03, have been

breached by the Defendant School Board due to the actions described herein.
70. The above obligation is owed to the people of Florida, including Plaintiff Brandon and all
students of the public schools of Florida.

The failure to provide a proper education, the

promotion of religion by the failure to monitor textbooks and computerized learning, and the
failure to prevent religious indoctrination upon the students of Palm Beach County constitutes a
breach of the duty imposed by F.S. 1000.03.

71.

The failure to provide a proper education and the subtle promotion of religion by its failure

to monitor textbooks and computerized learning, as well as the Defendant’s failure to work with
the local community to monitor textbooks, computerized learning and curriculum, constitutes a
violation of F.S. 1000.03 which guarantees inter alia, that parents, students, families, educational
institutions, and communities will be collaborative partners in education, and that all of the
above will play an important role in the success of individual students”.
72. As a direct and proximate result of Defendant’s failure to provide a proper education to the
public school students of Palm Beach County regarding science and religion, Plaintiff, all
students of Palm Beach County public schools, and the public in general have been harmed.
COUNT 2: VIOLATION OF ARTICLE 1, SECTION 3 OF THE FLORIDA CONSTITUTION
73.
74.

Plaintiff repeats paragraphs 1 through 66 as if fully set forth herein.
Article 1, Section 3 of the Florida Constitution which protects freedom of and freedom

from religion provides: “There   shall   be   no   law   respecting   the   establishment   of   religion   or
prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices
inconsistent   with   public   morals,   peace   or   safety.   No   revenue   of   the   state   or   any   political
subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in
aid of any church, sect, or religious denomination or in aid of any sectarian institution.”
75.

Revenue of the state and county are used to fund the Defendant’s education of the students

of Palm Beach County and these funds are being used to teach, promote and advance Christianity
and Islam in particular, and religion in general.
76.

The Defendant’s failure to teach the truth about science in general and evolution in

particular, and to tell the truth about religion in general, and fundamentalist Christianity and

Islam in particular, constitutes a failure to provide a proper education and the promotion of
religion in our schools in violation of Article 1, Section 3 of the Florida Constitution.
77. The Defendant’s failure to tell the truth about various religions in particular, and religion in
general, in order to put these religions in a better light, constitutes the use of public funds to
promote, establish, and/or teach religion in the public schools.
78. As a direct and proximate result of Defendant’s violation of Article 1, Section 3 of the Fla.
Constitution, Plaintiff, the students of Palm Beach County and the public have been harmed.
COUNT 3: VIOLATION OF ARTICLE IX, SECTION 1 OF THE FLORIDA CONSTITUTION
79.

Plaintiff repeats paragraphs 1 through 65 as if fully set forth herein.

80.

Article IX, Section 1, of the Florida Constitution provides: Public education.—

 (a)The education of children is a fundamental value of the people of the State of Florida. It is,
therefore, a paramount duty of the state to make adequate provision for the education of all
children residing within its borders. Adequate provision shall be made by law for a uniform,
efficient, safe, secure, and high quality system of free public schools that allows students to
obtain a high quality education and for the establishment, maintenance, and operation of
institutions of higher learning and other public education programs that the needs of the people
may require.”
81.

Pursuant to Article IX, Section 1 of the Florida Constitution, Defendant has a duty and

obligation to provide a high quality education to Plaintiffs and others in its school system.
82.

This duty has been breached by the Defendant by the actions described herein because

Plaintiffs and others cannot receive a high quality education when the Defendant fails to teach
about evolution at all in the elementary school years and bases the content of its curriculum,

educational materials and instruction, at least in part on political correctness and fundamentalist
religion, rather than on science, history and knowledge.
83. The failure to provide a proper education about science, history, current events and religion,
constitutes a violation of Article IX, Section 1 of the Florida Constitution by Defendant.
84. As a direct and proximate result of Defendant’s failure to provide a proper education to the
public school students of Palm Beach County and to tell the truth about religion, Plaintiff
Brandon, the students of Palm Beach County and the public have been harmed.
COUNT 4: VIOLATION OF THE FIRST AMENDMENT TO THE US CONSTITUTION
85.

Plaintiff repeats paragraphs 1 through 66 and Count 3 above as if fully set forth herein.

86. The first Amendment to the United States Constitution provides that “Congress shall make
no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.” This law has since been
applied to state and county governments as well as to Congress.
87.

The failure to provide a proper education and the subtle promotion of religion by this

failure to monitor textbooks and computerized learning in Florida constitutes the violation of the
Free Exercise Clause of the United States Constitution as contained in the First Amendment.
88. As a direct and proximate result of Defendant’s failure to provide a proper education to the
public school students of Palm Beach County and to tell the truth about religion, Plaintiff
Brandon, and all students of Palm Beach County public schools have been harmed.
COUNT 5: VIOLATION OF 42 U.S.C. SECTION 1983
89. Plaintiff repeats paragraphs 1 through 66 and Count 3 above as if fully set forth herein.

90.

The promotion of religion by Defendant’s failure to properly monitor textbooks and

Brainpop, its acting in concert with those who seek to indoctrinate the students of Florida
towards their religious beliefs, its failure to adequately teach evolution in our public schools,
especially in the early grades when scientific views are being formed by our children, its
spreading of misinformation about the Koran, the reason for the attack of September 11, and
other religions, violate the civil rights of Florida students in violation of 42 USC Section 1983
and the Free Exercise Clause of the United States and Florida Constitutions.
91. As a direct and proximate result of Defendant’s failure to provide a proper education to the
public school students of Palm Beach County, PlaintiffBrandon, the students of the public
schools of Palm Beach County and the public have been harmed.
92.

Plaintiff has retained the undersigned to represent them in this matter and has agreed to

compensate him if compensation is awarded by this Court a reasonable fee for his services.
93.

Plaintiff has no adequate remedy at law and the equities of this case are balanced in favor

of plaintiffs, requiring equitable relief.

Injunctive relief will serve the public interest and not

disserve it, and Plaintiff has a substantial likelihood of succeeding on the merits of this case.
Relief Sought for Each Count of the Complaint
WHEREFORE, for each count of the Complaint, Plaintiff demands judgment against the
Defendant and temporary and permanent injunctive relief as follows:
1.

Entering an order declaring that Defendant’s actions violate the First Amendment to the

United States Constitution, and/or Article 1, Section 3 of the Florida Constitution, and/or Article
IX, Section 1 of the Florida Constitution and/or F.S. 1000.03 and/or 42 U.S.C. Section 1983;
2.

Ordering the Defendant to comply with F.S. 1000.03 by permitting concerned laypersons

and parents to have input into the educational decisions made by the Defendant.

3.

Determining that requiring the students of Palm Beach County to view the contents of

Brainpop, wherein it instructs that all the teachings of Islam are peaceful and “In fact, the Koran,
the holy book of Islam, calls for Muslims to be peaceful, not to kill” constitutes the furtherance
of religion and a violation of the first Amendment to the United States Constitution, and/or
Article 1, Section 3 of the Florida Constitution, and/or Article IX, Section 1 of the Florida
Constitution and/or F.S. 1000.03, and/or 42 U.S.C. 1983;
4.

Requiring the Defendant to screen the content of “Brainpop” to ensure that it is accurate, not

misleading, is based on facts rather than political correctness and does not further religion;
5.

Ordering that Defendant School Board not require or recommend that any students in Palm

Beach County watch the Brainpop segment offering its explanation of the causes of the
September 11 attack upon the United States wherein it falsely claims that all the teachings of
Islam are peaceful and “In fact, the Koran, the holy book of Islam, calls for Muslims to be
peaceful, not to kill” and to thoroughly review Brainpop and the textbooks used in the public
schools of Florida to ensure that they are accurate and do not further religion;
6. Ordering the Defendant to teach evolution through natural selection in the elementary school
years and beyond, and to educate students about the negative and positive aspects of religion
should the Defendant teaching anything about religion.
7.

Ordering the Defendant to perform the above actions and whatever other actions are

necessary to ensure that it complies with Article IX, Section 1 of the Florida Constitution which
requires them to provide a quality education to all students in the public schools of Florida.
8.

Awarding Plaintiff reasonable costs and attorney’s fees pursuant to 42 U.S.C. 1988 for

vindicating the Constitutional rights of students, the Plaintiff and the public as contained in the

First Amendment to the United States Constitution and Article 1, Section 3 of the Florida
Constitution, and on other just grounds, should Plaintiffs prevail in this matter.
9. Prohibiting the Defendant from using any public funds to advance religion by failing to depict
religion accurately in our public schools and by omitting the teaching of evolution;
10. Granting any further relief deemed just and appropriate by this Court.
Trial by jury is hereby demanded of all issues so triable.
Respectfully submitted this November 24, 2015 by

/S/ Barry Silver
Barry Silver FBN 382108
18624 Cape Sable Drive
Boca Raton, Fl. 33498
(561) 302-1818
Barryboca@aol.com

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