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rights to do on his own time; but this sanction, Sheriff
Tesch, his incarceration to jail, he will not be provided writing or recording materials except as may be needed for
The tragedy of this whole thing is the victims
are your children.
Anything more, Mr. Moravec?
I!R. GIBBS: One moment, Your Honor. Your Honor, may we ask one request? Could we have 10 or 15 minutes with our client in the juyr room' before the striff cakes him over to the --
THE COURT: You may, sir.
APPENDIX - K
JUDGE CASE 'S ORDER, APRIL 29, 1979
FILED DISTRICT COURT CASS COL'NTY, NE SM.
IN THE DISTRICT COURT OF CASS COUNTY, NEBRAISK SEP 11 PM 1:25
Now on the 16th day of July, 1979, the above entitled came before the Court for hearing on the merits. For the purposes of the hearing the plaintiff State was present by James F. Begley. Deputy County Attorney and Ronald D. Moravec, County Attorney of Cass County, Nebraska. The defendants were present by their counsel, Charles Craze of Cleveland, Ohio, and Gary Dunlap of Milford, Nebraska.
Evidence was adduced over a period of three days, the parties resting on the 18th of July. Counsel agreed to submit arguments in the form of briefs, the same being permitted by the Court with the plaintiff being limited to three weeks from
the 18th and the defendants to have a period of ten days thereafter in which to file a reply brief.
The Court having received and read the briefs and being well and fully advised in the premises ' finds :
1. That the defendant Faith Baptist Church, through its officers and directors, is conducting a private school in Louisville, Cass County, Nebraska ;
2. That said school is being operated in violation of the rules and regulations of the Department of Education and the statutes of the State of Nebraska in that neither the superintendent nor the principal thereof hold a Nebraska administrative and supervisory certificate;
3. That the defendants Tressie Sileven, Martha Gilbert and
Helen Aldrich are performing the functions of teachers in said school without holding a Nebraska teaching certificate as
required by law;
4. That none of the administrators or teachers have filed certificates with the county superintendent of Cass County. Nebraska, as required by law;
5. That the administrators of said school have failed to file a fall approval report in each of the years that the school has been operated in violation of the rules and regulations of
the Department of Education;
6. That none of the individual defendants who are teaching in the school have filed a complete transcript of their college
credits as required by the rules and regulations of the Depart
ment of Education;
7. That the defendant Faith Baptist Church and its officers,
to-wit: Reverend Everett Sileven, Reverend Edgar Gilbert, Kenneth Heard and Dave Carlson have failed to seek initial approval status as an approved school system as required by the rules and regulations of the Department of Education;
8. That each of the individual defendants in concert or
individually have generally failed to comply with the school laws of the State of Nebraska in the operation of a private school and that an injunction should be granted in accordance
with the prayer of the petition.
IT IS THEREFORE ORDERED, ADJUDGED AND CONSIDERED by the
Court that the Faith Baptist Church together with the president
thereof, Reverend Everett Sileven, and Reverend Edgar Gilbert, the defendants Tressie Sileven, Martha Gilbert, Helen Aldrich,
Kenneth Heard and Dave Carlson be and each of them are hereby.
enjoined from further operation of a private school or the using of church property for the operation of a private school until such time as they have complied with the Nebraska statutes and the rules and regulations of the Department of Education governing approved schools.
MODEL LEGISLATION FOR RELIGIOUS LIBERTY ACT
1. No federal, state, or local government shall define, classify, tax,
license, approve, certify, restrain or restrict or otherwise infringe the practice of any sincerely held religious belief of any citizen
of the United States,
There are no compelling state interests that supercedes the right
of individual citizens to practice their religious beliefs. 3. Religious beliefs shall be defined by the individual citizen and no
citizen's religious beliefs must conform to those of another, to be
protected from the government and its agencies, 4. This Act in no way diminishes the ability of government, at all levels,
to punish crime as defined under the common law.