Freshwater: Reconsideration denied
The Ohio Supreme Court today denied John Freshwater's motion to reconsider his appeal of the decision to terminate him as a middle school science teacher in the Mt. Vernon City Schools. This brings to an end the involvement of the state courts in the affair. (I'm on a mobile and can't post a link to the case page-someone can do so in a comment.)
Freshwater's only remaining possibility is to convince the U.S. Supreme Court to grant cert. It's not known whether he or the Rutherford Institute will attempt that.
28 Comments
j. biggs · 22 January 2014
Well hopefully this spells the end of this glorious saga.
Thanks Richard for your coverage of this debacle. Now hopefully you can take a break.
eric · 22 January 2014
Yes, thanks Richard.
Dare I say it...book time!
;)
Swimmy · 22 January 2014
Here (pdf) is the very brief reconsideration denial document, and here (pdf) is the dissent of 3 of the judges, arguing that the decision allows for teachers to be fired for trivial reasons. The comment auto-formatting won't let me post the case page for some reason, but it's easy to find on the Ohio SC website.
eric · 22 January 2014
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 22 January 2014
What's going to happen to Freshwater's present career of suing? What's he supposed to do, get a job, follow the law, practice religion on his own time?
Does some creationist whining actually end?
Glen Davidson
DS · 22 January 2014
See this was always the problem. They should have busted the guy for illegally teaching creationism. They had him dead to rights. He admitted doing it. There were witnesses. Instead there was the slimy insubordination thing. Hopefully the Supreme Court won't see this as an excuse to reexamine the case yet again. No matter what, he's still guilty and should never be allowed in front of a class again.
Frank B · 22 January 2014
When I saw "Freshwater" in bold type at the top I was thinking that this is getting quite stale. Do I dare hope that this is the end of it? Richard, you sure have a lot of patience.
robert van bakel · 22 January 2014
I've just re-read Kevin Padian's testemony at Dover; quintessential. If only all cases against stupidity could be so roundly rebuffed.
Great work Richard, I've followed this from the beginning.
Gary · 22 January 2014
Is it possibly finally over?
I am glad, but I'll miss Dick's excellent reportage. RBF, you need a new project!
Gary · 22 January 2014
RBH.
So sorry.
bigdakine · 22 January 2014
Well, hopefully this saga has finally come to an end.
Golly.
cmb · 23 January 2014
Thanks again for everything Dick! I suspect that this is not the end of the story however. The ending that I would like to see involves Freshwater moving to Kentucky and becoming a parking lot attendant at the Creation Museum. THEN you can write the book!
cwjolley · 23 January 2014
Kevin B · 23 January 2014
60187mitchells · 23 January 2014
Grey Wolf · 24 January 2014
Richard Hoppe, I thought you may be interested in this. Freshwater friend and spokesperson "Coach" Dave Daubenmire is being considered for a coaching position at Lakewood HS near Hebron, Ohio. This is a public school! Somebody is sniffing around for controversy because this bit of non-news made the local FOX news broadcast yesterday.
http://www.myfox28columbus.com/shared/news/features/top-stories/stories/wtte_controversial-religious-coach-could-hired-at-lakewood-28803.shtml
harold · 24 January 2014
Richard B. Hoppe · 24 January 2014
Harold, Daubie was recently fired by a Christian school. It's not clear why, but there are some indications of in-fighting that led to his firing.
Richard B. Hoppe · 24 January 2014
IOW, it looks like Harold's last paragraph captures what happened to Daubie.
Grey Wolf · 24 January 2014
I don't know why the FOX news item and an article (http://www.newarkadvocate.com/article/20140123/NEWS01/301230021/Pass-Salt-minister-running-Lakewood-football-job) in the Newark Advocate newspaper are mincing words about Daubenmire being fired from the Christian school. He was definitely fired and said so himself in this video: http://www.youtube.com/watch?v=KI2zqe3WiFE.
I would be shocked if Lakewood hired him. It is often so difficult and expensive for public schools to fire a teacher. Why take the chance on a guy with a history of troublemaking for Jesus? Also, Daubenmire is on record for repeatedly telling parents to get their kids out of the "government" schools. http://www.newswithviews.com/Daubenmire/dave304.htm
For Lakewood to hire someone with that attitude is crazy. I think Lakewood gave him an interview so he wouldn't sue for discrimination or something - he has a history of filing lawsuits - and will hire another coach.
And please, for your own amusement, see Daub's video defending Phil Robertson of Duck Dynasty. He makes such an ass out of himself, I'd feel sorry for him if I wasn't so busy laughing.
http://www.youtube.com/watch?v=p_hLGNWEuw8
https://me.yahoo.com/a/OlqLV6l3tNPb5GE.JARZ.LslD2eROQ--#51bee · 25 January 2014
harold · 25 January 2014
xubist · 26 January 2014
You guys do recognize that Religious Reich types tend to think Gov't-run schools are literally Godforsaken hellholes which have no right to exist, don't you? I suspect that the 'spectre' of losing a First Amendment court case, and thereby saddling a Gov't-run school with a megabuck-scale payout, the money of which would otherwise have been spent on (what they regard as) mis-educating innocent children, I can't help but think that at least some Religious Reich types don't mind in the least that they lose court cases allatime.
Paul Burnett · 26 January 2014
xubist · 28 January 2014
Follow-up to my earlier comment…
As far as Creationists and other would-be Dominionists are concerned, forcing large amounts of money out of the coffers of public schools is a feature, not a bug. So for the plaintiffs of future lawsuits of this type, it might be worthwhile to consider the possibility of donating the court-ordered monies to the school which lost. Of course, you wouldn't want to do this in a case where the relevant administrators are complicit up to their earlobes in cramming their Jesus down the throats of students. But if it's a case of one teacher going off the First Amendment rails, and actively resisting any efforts the school administrators made to get them back within the limits of Constitutionally allowable actions? In that sort of case, it might make sense for the plaintiff to be content with the legal verdict, and not insist on the school taking a major financial hit on top of it.
shebardigan · 29 January 2014
I always find it interesting that there is, in some circles, a quasi-religious reverence for the Declaration of Independence, and yet the bit way up at the top about how, for securing rights, "Governments are instituted among Men, deriving their just powers from the consent of the governed" somehow is never quite read, marked, learned and inwardly digested. There is also that bit about "...it is the Right of the People to alter or to abolish it, and to institute new Government..."
In fact these bold assertions seem to be somewhat inconsistent with Romans 13, which states that ALL governments are established by God and must be obeyed without question.
And is even further inconsistent with the oft-made assertion/assumption that Government is some sort of alien organism that has parasitically fastened itself, like a suckerfish, onto the Body Politick.
We, the People, establish a Public School system, but it is clearly tyrannical and Satanic (perhaps the Lizard People established it).
Hmm. Six impossible things before breakfast.
Grey Wolf · 1 February 2014
There is now a petition AGAINST the hiring of "Coach" Dave. Almost 3500 signatures. Those who think Daubenmire would be a poor choice for football coach at a public H.S. are encouraged to attend the Feb. 12 school board meeting.
https://www.change.org/petitions/lakewood-local-school-district-hebron-oh-do-not-hire-dave-daubenmire
Once again, Daubenmire has riled up a community, and has attracted media attention to himself. He thrives on being in the center of a controversy. To Dave, negative attention is far better than no attention at all.
apokryltaros · 1 February 2014