DOC NO 00C0617C
REC'D/FILED Oct 12 3:37 PM '00

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

FREEDOM FROM RELIGION FOUNDATION, INC.;
ANNE NICOL GAYLOR;
ANNIE LAURIE GAYLOR; and
DAN BARKER,

Defendants.

COMPLAINT

JURISDICTION AND VENUE

1. This is an action by plaintiffs brought against the defendants alleging violations of the Establishment Clause of the First Amendment to the United States Constitution, Article 1, Section 18 of the Wisconsin Constitution, and 42 U.S.C. ¶ 1983.

2. The court has federal question jurisdiction pursuant to 28 U.S.C. ¶ 1331 and supplemental jurisdiction, pursuant to 28 U.S.C. ¶ 1367(a).

3. Venue is appropriate in the District Court for the Western District of Wisconsin pursuant to 28 U.S.C. ¶ 1391 because one or more of the defendants resides within this judicial district and because the actions giving rise to the claims occurred within the District.

PARTIES

4. The plaintiff, Freedom From Religion Foundation, Inc. ("FFRF"), is a Wisconsin nonstock corporation whose principal office is in Madison, Wisconsin.

5. FFRF has more than 4,100 members, who are opposed to government endorsement of religion in violation of the Establishment Clause of the First Amendment of the United States Constitution, Article I, Section 18 of the Wisconsin Constitution and Section 1983 of Title 42 of the United States Code.

6. FFRF's membership includes more than 400 resident Wisconsin taxpayers.

7. FFRF's purpose is to protect the fundamental constitutional principle of separation of church and state by representing and advocating on behalf of its members.

8. The plaintiff, Anne Nicol Gaylor, is a resident Wisconsin taxpayer residing in Madison, Wisconsin, and she is the President of FFRF.

9. The plaintiff, Annie Laurie Gaylor, is a resident Wisconsin taxpayer residing in Madison, Wisconsin, and she is an employee of FFRF and the Editor of FREETHOUGHT TODAY.

10. The plaintiff, Dan Barker, is a resident Wisconsin taxpayer residing in Madison, Wisconsin, and he is an employee and public relations director of FFRF.

11. The plaintiffs are opposed to the use of state appropriations to advance and promote religion.

12. The defendant, Governor Tommy Thompson, is the Governor of the State of Wisconsin, a duly created constitutional office of the State of Wisconsin.

13. The defendant, Jennifer Reinert, is the Secretary of the Department of Workforce Development, a duly organized executive agency of the State of Wisconsin.

14. The defendant, Richard Gartner, is the Administrator of the Division of Workforce Excellence, a duly organized division of the Department of Workforce Development.

15. The defendant, George Lightbourn, is the Secretary of the Department of Administration, a duly organized executive agency of the State of Wisconsin.

16. The defendant, Jon E. Litscher, is the Secretary of the Department of Corrections, a duly organized executive agency of the State of Wisconsin.

17. The defendants have all engaged in actions that violate the Establishment Clause of the First Amendment of the United States Constitution, Article I, Section 18 of the Wisconsin Constitution and Section 1983 of Title 42 of the United States Code.

UNCONSTITUTIONAL FUNDING FOR FAITH WORKS

18. The defendants' actions have violated the fundamental principle of the separation of church and state by appropriating state funds to a pervasively sectarian institution, whose religious objective is indivisible from any secular objective.

19. The defendants, specifically Governor Thompson, Secretary Reinert, Administrator Gartner and Secretary Lightbourn, have provided state appropriations to support the activities of Faith Works, Milwaukee, Inc. ("Faith Works"), a self-described Christian organization established to provide inherently Christian social services to non-custodial parents needing addiction recovery counseling services.

20. Faith Works was established in 1999 as a demonstration model, intended to show the effectiveness of using government money combined with a faith based institution, whereby success is measured by securing ongoing government funding sources.

21. One of the original organizers and promoters of Faith Works was the Rev. Susan Vergeront, a former state legislator and, on information and belief, a close political ally of Governor Thompson.

22. Rev. Vergeront, on information and belief, contacted Governor Thompson at least as early as March 1999 to discuss government funding for Faith Works, a start-up faith based social services organization.

23. The program advanced by Faith Works combines the influences of Christianity, government and private business in providing social services.

24. The Faith Works program claims to use religion to achieve a transformation of the heart and soul of the addicted individuals that the program serves.

25. Faith Works openly describes itself as a faith based program that emphasizes spiritual wellness.

26. Faith Works incorporates a faith-enhanced version of the 12-step Alcoholics Anonymous ("AA") recovery program, in a faith based setting.

27. The Faith Works program has an inherently Christian focus and the organization claims that faith and spirituality are key components to the recovery of persons with addictions.

28. The addiction recovery objective of Faith Works is achieved by the use of a faith enhanced model of the 12-step AA program, which is based on a religious concept of a Higher Power.

29. Spiritual recovery, according to Faith Works, is accomplished by helping addicted individuals to define and feel comfortable with their spirituality in a Christian setting.

30. The Faith Works residential treatment facility is located in the Queen of Apostles Convent in Milwaukee, Wisconsin.

31. The Faiths Works program includes entrance interviews with clients to determine their attitudes toward faith, wellness and employment.

32. Faith Works describes its residential treatment facility as a spiritual center.

33. The Faith Works program includes Bible studies, prayer time and chapel services, as well as compulsory participation in the faith-enhanced 12-step AA program.

34. Two-thirds of the current funding for Faith Works' $700,000 annual budget is provided by government sources.

35. Government funding was essential to the startup of Faith Works as a social services provider.

36. Faith Works was not a preexisting social service provider seeking to supplement its operation with government funding.

37. Faith Works had no established record of success when it sought government funding to begin operations.

38. The existence of Faith Works and the provision of faith-based social services is dependent upon the support provided by government funding.

39. Rev. Vergeront claims that the secret of Faith Works' success is its emphasis on faith in the addiction recovery process.

40. Governor Thompson agreed to provide funding for Faith Works after the program was proposed to him by Rev. Vergeront in the spring of 1999.

41. Governor Thompson decided to fund Faith Works from the Governor's discretionary funds under a Welfare-to-Work grant administered by the Department of Workforce Development.

42. Eighty-five percent of the State's Welfare-to-Work funds are allocated to Welfare Development Authorities throughout the State of Wisconsin, and the remaining 15% of the funds are available to Governor Thompson to allocate to projects, in his discretion.

43. Governor Thompson has appropriated a substantial part of the Welfare-to-Work money available to him to fund Faith Works.

44. The Governor then requested the Department of Workforce Development and the Division of Workforce Excellence to proceed through the proper channels to finalize funding for Faith Works.

45. Funding from the Governor's discretionary fund was initially provided to Faith Works in 1999 in the amount of $150,000.

46. In June of 2000, the Department of Workforce Development, by Administrator Gartner, entered into a new grant agreement with Faith Works for the period from May 1, 2000 to December 31, 2001, which grant provides additional funding to Faith Works, up to $450,000.

47. The process for obtaining state appropriations for Faith Works included Governor Thompson's referral to the Department of Workforce Development and the Division of Workforce Excellence.

48. Former Secretary Linda Stewart then requested approval of the Faith Works funding from the Department of Administration, under the direction of Secretary Lightbourn.

49. Finally, funding for Faith Works included approval by the Joint Finance Committee of the Wisconsin Legislature, which approval occurred on or about Julie 20, 2000.

50. The request for approval of funding made to the Joint Finance Committee, on information and belief, did not disclose the programmatic religious content of the Faith Works program.

51. The Governor's authority to fund Faith Works, including approval for funding Lip to $600,000, was apparently based upon ¶ 16.54, Wis. Stats.

FAITH WORKS IS PERVASIVELY SECTARIAN

52. The legislative authority to fund Faith Works includes no provisions, restrictions, standards, or oversight to prohibit the funding of organizations, like Faith Works, which advance, endorse and promote the establishment of religion, in violation of Article I of the United States Constitution and Article 1, Section 18 of the Wisconsin Constitution.

53. The funding of Faith Works pursuant to the Governor's appropriation from the Welfare-to-Work funds violates the Establishment Clause of the First Amendment to the United States Constitution and Article I, Section 18 of the Wisconsin Constitution because funds are given directly to a pervasively sectarian organization and the funds are used directly to pay for explicitly Christian programs designed to indoctrinate clients in the Christian faith.

54. Funding of Faith Works by the defendants, Governor Thompson, Secretary Reinert, Administrator Gartner, and Secretary Lightbourn, violates the Establishment Clause of the First Amendment to the United States Constitution and Article I, Section 18 of the Wisconsin Constitution by impermissibly effecting the advancement and endorsement of religion.

55. Christian indoctrination is an integral component of the program advanced by Faith Works, which indoctrination is directly funded by appropriations from the State of Wisconsin.

56. State appropriations reach Faith Works directly as a result of decisions made by State officials.

57. Religious influences dominate Faith Works' approach to addiction recovery, which approach includes explicitly religious content designed to advance Christian religious views.

58. A further objective of Faith Works is to establish a model for government-funded Christian-based social services, with effectiveness measured by successfully obtaining ongoing government funding.

59. The appropriations made to Faith Works are from a funding source not neutrally available to all qualifying applicants and the decision to fund was based upon Governor Thompson's choice among less favored alternatives.

60. Appropriations from the Governor's discretionary funds under the Welfare-to- Work grant, on information and belief, have been made to only one organization other than Faith Works.

61. The decision to fund Faith Works constituted approval of the Christian content of the program.

PUBLIC APPEARANCE OF ENDORSEMENT

62. State appropriations made to Faith Works give the public appearance of state endorsement of Christian principles, including a symbolic link between government and religion.

63. State appropriations to Faith Works convey a message that the Christian religion is favored, preferred and promoted over other beliefs and nonbelief, and Faith Works' mission is clothed in traditional indicia of government endorsement.

64. Governor Thompson, on information and belief, has publicly spoken favorably about government funding for faith-based social service providers, including Faith Works.

65. Government funding for Faith Works was also emphasized in July of 2000, by presidential candidate George Bush, who publicly appeared at Faith Works, where he advocated the need for government endorsement of more faith-based social service programs with government appropriations.

66. News coverage of Governor Bush's highlight appearance at Faith Works in July of 2000 included the MILWAUKEE JOURNAL SENTINEL, the NEW YORK TIMES, the WASHINGTON POST, and REUTER'S NEWS SERVICE.

67. Robert Polito, President of Faith Works, also has publicly emphasized that "I'm a Christian. I take my lead from Jesus," in a news article about Faith Works in the MILWAUKEE JOURNAL SENTINEL on July 19, 2000, which appeared after Governor Bush's visit.

68. The MILWAUKEE JOURNAL SENTINEL article also reported publicly that Faith Works incorporates religion in its efforts to change lives.

FUNDING FOR FAITH WORKS VIOLATES ESTABLISHMENT CLAUSE

69. The actions of the defendants, Governor Thompson, Secretary Reinert, Administrator Gartner and Secretary Lightbourn, in making appropriations to Faith Works, violate the Establishment Clause of the First Amendment to the United States Constitution and Article I, Section 18 of the Wisconsin Constitution.

70. The actions of the defendants, Governor Thompson, Secretary Reinert, Administrator Gartner and Secretary Lightbourn, also violate 42 U. S.C. ¶ 1983 because the defendants violated the United States Constitution under color of state law.

DEPARTMENT OF CORRECTIONS ALSO UNCONSTITUTIONALLY FUNDS FAITH WORKS

71. The Wisconsin Department of Corrections, which is under the direction of Secretary Litscher, also has been and still is violating the Establishment Clause of the First Amendment to the United States Constitution and Article 1, Section 18 of the Wisconsin Constitution by providing direct funding to Faith Works.

72. The Department of Corrections has agreed to appropriate at least $75,000 to Faith Works to provide faith-based addiction recovery services to individuals who are under the control of the Department of Corrections.

73. The appropriations made by the Department of Corrections to Faith Works, under the authority of Secretary Litscher, are made under color of law and the appropriations violate the Establishment Clause of the First Amendment to the United States Constitution.

74. The actions of Secretary Litscher also violate 42 U.S.C. ¶ 1983.

75. The funds appropriated by the Department of Corrections to Faith Works, on information and belief, are derived from taxes paid by the taxpayers of the State of Wisconsin, including plaintiffs.

76. The Department of Corrections, on information and belief, has no rules, regulations, limitations, restrictions, or procedures for assuring that appropriations are not made to social service organizations that are pervasively sectarian and/or which use government appropriations from the Department of Corrections to advance and promote Christianity through programmatic indoctrination.

77. The actions of all the defendants in violating the Establishment Clause of the First Amendment to the United States Constitution, Article I, Section 18 of the Wisconsin Constitution and ¶ 18 of Title 42 of the United States Code, are injurious to the interests of the plaintiffs individually, and to FFRF in its representative capacity, because the defendants' actions compel the plaintiffs to support the establishment, endorsement and advancement of religion, through the funding of programmatic Christian indoctrination, to which the plaintiffs object.

WHEREFORE, the plaintiffs demand judgment as follows:

A. For a declaration that appropriations to Faith Works violate the establishment clause of the First Amendment to the United States Constitution, Article I, Section 18 of the Wisconsin Constitution, and 42 U.S.C. ¶ 1983.

B. For a declaration that ¶ 16.54, Wis. Stats., violates the Establishment Clause of the First Amendment to the United States Constitution and Article I, Section 18 of the Wisconsin Constitution.

C. For a declaration that appropriations made by the Department of Corrections to Faith Works violate the Establishment Clause of the First Amendment to the United States Constitution, Article I, Section 18 of the Wisconsin Constitution, and 42 U.S.C. ¶ 1983.

D. For an order enjoining the defendants from continuing to make appropriations to Faith Works from Wisconsin's Welfare-to-Work funds.

E. For an order enjoining the Department of Corrections from continuing to make appropriations to Faith Works.

F. For an order requiring the defendants to establish rules, regulations, prohibitions, standards and oversight to ensure that future appropriations are not made by the Governor, the Department of Workforce Development, the Division of Workforce Excellence, the Department of Administration, and the Department of Corrections to social service providers that are pervasively sectarian and/or that include programmatic indoctrination in the Christian faith or any other religious based doctrine.

G. For judgment awarding such further relief as the court deems just and equitable.

H. For judgment awarding the plaintiffs their reasonable costs, disbursements and attorneys fees, as allowed by law, including pursuant to 42 U.S.C. ¶ 1988.

Dated this 12th day of October, 2000.

BOARDMAN, SUHR, CURRY & FIELD, LLP

By:

Richard L. Bolton
State Bar No. 1012552
1 South Pinckney Street, Suite 410
P.O. Box 927
Madison, WI 53701-0927
Telephone: (xxx) xxx-xxxx
Facsimile: (xxx) xxx-xxxx

Attorneys for Plaintiffs

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