UNITED  STATES  DISTRICT  COURT
                                      SOUTHERN  DISTRICT  OF FLORIDA



BOY  SCOUTS  OF AMERICA  and
SOUTH  FLORIDA  COUNCIL,  BOY
SCOUTS  OF  AMERICA,

                      Plaintiffs,

VS.

FRANK  L.  TILL,  JR., individually  and in
his  capacity  as Superintendent  of  the
Broward  County  Public  Schools, and
DARLA  L.  CARTER,  individually  and in
her  capacity  as Chairperson  of  the School
Board  of  Broward  County,  and CAROLE
L.  ANDREWS,  JUDIE  S. BUDNICK,
PAUL  D. EICHNER,  STEPHANIE
ARMA  KRAFT,  MIRIAM  M.
OLIPHANT,  ROBERT  D. PARKS,
DIANA  WASSERMAN-RUBIN,                    and
LOIS  WEXLER,  individually  and in  their
capacities  as members  of  the School Board
of  Broward  County,  Florida,

                      Defendants.


                                                   COMPLAINT

                     Plaintiffs  Boy  Scouts  of  America  and  South  Florida  Council,  Boy 

America  (together  "Boy  Scouts"),  by  their  attorneys  Hughes  Hubbard  &  Reed  LLP,  bring 

action  against defendants  Frank  L.  Till,  Darla  L.  Carter,  &role  L.  Andrews,  Judie  S.

Paul  D.  Eichner,  Stephanie  Anna  Kraft,  Miriam  M.  Oliphant,  Robert  D.  Parks,  Diana

 Wasserman-Rubin,  and Lois  Wexler  (collectively"DefendantS'),               and allege:



 W6-M1003687.935

    HUGHES  HUBBARD  &  REED  LLP. 201 South Eiscayne Boulevard. Suite 2500, Miami, FL  33131 TEL.

                            IN  THE  UNITED  STATES  DISTRICT  COURT
                                   SOUTHERN  DISTRICT  OF FLORIDA
                            Case No. OO-7776~Civ-Middlebrooks-Bandstra

BOY  SCOUTS  OF  AMERICA  and
SOUTH  FLORIDA  COUNCIL,  BOY
SCOUTS  OF AMERICA.

        Plaintiffs,

vs.

FRANK  L.  TILL,  JR.,individually  and in
his capacity  as Superintendent  of the
Broward  County  Public  Schools, and
DARLA  L.  CARTER,  individually  and in
her capacity  as Chairperson  of  the School
Board  of  Broward  County,  and CAROLE
L.  ANDREWS,  JUDIE  S. BUDNICK,
PAUL  D. EICHNER,  STEPHANIE  ARMA
KRAFT,  MIRIAM  M.  OLIPHANT,
ROBERT  D. PARKS,  DIANA
WASSERMAN-RUBIN,            and LOIS
WEXLER,  individually  and in their
capacities  as members of  the School Board
of  Broward  County,  Florida,

          Defendants.                            I

                          ORDER  GRANTING  PLAINTIFFS'                MOTION
                                   FOR  PRELIMINARY          INJUNCTION

        THIS  CAUSE comes before theCourtuponPlaintiffs'           Complaint  and Motion 

Injunction  tiled  on December  4.2000.

                                            1. INTRODUCTION

        This  case is another  chapter in the struggle between private  speech and public 

The  Broward  County  School Board  permits numerous organizations,  including  churches, private

membership  organizations,  athletic clubs and other outside groups, to  utilize  its school

                                                       1


for  after-hour  use.  The  School Board  concedes that this longstanding  practice  amounts to  the