News Release

March 7, 2000

Centerville, Utah

Contact: Paul W. Mortensen, 801 298-7856

The Jefferson 21st Century Institute has filed a lawsuit against the Park City School District and the Park City Performing Arts Foundation to force disclosure of records of a six-day Buddhist religious ceremony conducted by robed monks during school hours at Park City High School in October, 1999.

In mid-November the Institute submitted detailed requests for records to the school district pursuant to the Utah Government Records Management Act. However, Superintendent Nancy T. DeFord's written response stated, "No records such as those you request exist in our files, so no copies can be provided."

The Institute did not accept DeFord's response and filed administrative appeals, which in turn have been denied by the school district. "Superintendent DeFord's reply did not deny that records exist, but only claimed that they are not in school district files," said Institute director Paul W. Mortensen. "Since Utah law clearly provides that school boards are responsible for school district buildings, how could the Park City School District not have any records?"

That's where the Park City Performing Arts Foundation (PCPAF), a non-profit foundation, comes in. Through a written agreement with PCPAF the Park City School Board has granted PCPAF authority to manage use of the high school auditorium. Accordingly, the school district takes the position that it has no responsibility for the monks' ceremony taking place in the lobby of the high school auditorium during school hours and that it has no responsibility for records relating to the monks' visit.

"Utah law requires duly elected school boards to be responsible for school buildings so that there is public accountability for their use," said Mortensen. "It's clearly a violation of such law for a school board to delegate its responsibility to a non-accountable foundation."

The lawsuit asks the Third District Court to void the relationship between the school district and PCPAF as a violation of public policy, to declare that records held by PCPAF are public records and to require their immediate disclosure to the Institute. The lawsuit also requests an award of attorneys fees and costs.

During administrative appeals the school district did release certain documents held by the school district without explanation as to why they had been previously withheld. Among these documents were e-mails and a brochure by PCPAF which invited teachers to bring their students to the monks' ceremony to "talk with these holy men." However, the rental agreement for the auditorium, records of fees paid or waived, and records of school classes visiting the ceremony were not produced, necessitating the Institute's lawsuit.

The failure to produce such records stems from the school district's interpretation of the PCPAF agreement. In an e-mail to the Summit Institute, which invited the monks to Park City, Superintendent DeFord stated, "In our opinion, this experience is not sponsored by us (it's the Summit Institute and PCPAF)."

However, under the terms of the PCPAF agreement Superintendent DeFord, a designee appointed by Superintendent DeFord and two members of the school board serve as members of the PCPAF management advisory board.

The school district's arrangement with PCPAF coincided with a $1.05 million grant from the George S. & Delores Dore' Eccles Foundation in return for which the high school auditorium was named "The George S. Eccles and Delores Dore' Eccles Center for the Performing Arts," abbreviated as "The Eccles Center." "This shows what happens when public officials compromise their sworn duties for private funding," said Mortensen. "Suddenly they're Sergeant Schultz. Despite being intimately involved, they know nothing, they have no responsibility and they don't have any records."

The monks' mandala ceremony is inaugurated by sacred music, religious chants and prayers. Then, over five days, the monks construct a sand painting dedicated to a deity in the form of a sacred circle which details a sacred spiritual mansion associated with the deity. On the sixth day the sand painting is destroyed and the sand is poured into a local stream to reconsecrate the earth and its inhabitants.

The inauguration and construction of the sacred sand painting at Park City High School occurred continuously during school hours during the school week of October 18-22, 1999 at the auditorium lobby, with the closing rites occurring on Saturday October 23.

While the sand painting was under construction the robed monks offered sacred music recordings, religious literature and religious artifacts for sale. The Institute observed dozens of high school students visit the ceremony and sale table one morning during breaks from classes, according to Mortensen.

The school district also failed to respond to letters of inquiry sent by the Institute. In its letters the Institute invited school administrators to explain why the ceremony was hosted during school hours in light of school district policies which prohibit sponsorship of devotionals and which provide that the high school's performing arts auditorium is to be available for rental only during non-school hours.

The letters also inquired about the monks' use of the high school gymnasium to play basketball and about a "conga line" in which students danced behind a monk through the lobby.

Finally, the letters asked whether other religious groups would be allowed to use the High School facilities under the same terms provided to the monks and with similar student access and participation.

"This is the biggest stonewall we've come up against so far," said Mortensen. "Other school districts have been willing to produce records and discuss matters." In 1998 the Institute issued a lengthy report criticizing the monks' 1998 appearances at Grand High School in Moab and at West High School in Salt Lake City. The report is available at the Institute's web site, www.j21c.org.

The Tibetan Buddhist monks are part of a continuous tour sponsored by actor Richard Gere and the Loseling Institute of Atlanta Georgia, a non-profit religious organization which serves as the North American headquarters for the Drepung Loseling Monestary of Tibet. In 1999 a school board in Slippery Rock, Pennsylvania blocked the monks from appearing at Pennsylvania schools concluding such to be an improper sponsorship of religion.

The Institute is represented by R. L. Knuth of Jones, Waldo, Holbrook & McDonough, Salt Lake City. The text of the lawsuit is set forth on the Institute's web site.

The Jefferson 21st Century Institute is a non-partisan non-profit 501(c)(3) organization dedicated to the separation of religion and government.

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