Non-pledger sues school board for discrimination

MACOMB, Okla. (AP) -- Mark Woolpert is paying the price for his refusal to recite the Pledge of Allegiance. Now, Woolpert wants the Macomb School Board to pay up, too. <br><br>Woolpert, 43, has filed

Monday, February 28th 2000, 12:00 am

By: News On 6

MACOMB, Okla. (AP) -- Mark Woolpert is paying the price for his refusal to recite the Pledge of Allegiance. Now, Woolpert wants the Macomb School Board to pay up, too.

Woolpert, 43, has filed a tort claim against local school officials, charging that he was denied a board seat in March 1999 because he refused to say the Pledge of Allegiance. He said the board asked only one question and that was about his willingness to take the pledge.

Woolpert said he is deeply patriotic, but believes oaths must be directed only to God. He said he subscribes to no organize dreligion, but does read the Bible. He said he sees pledges as lifelong vows, which would be a problem if the U.S. flag were to fly over a country he could not stand for.

According to his claim, the board's action violates his rights of free speech, free exercise of religion and his right not to face a religious test before holding public office.

A lawsuit charging that Woolpert's constitutional rights were violated will almost certainly be filed, said his attorney, Leah Farish. "Discrimination against religious people is an important issue," said Farish, who is representing Woolpert for the Virginia-based legal advocacy group Rutherford Institute. "I wish that were not the case, but it would appear that Mr. Woolpert was discriminated against because he had a moral scruple."

Woolpert's claim is asking for $12,000 in damages and for the board to make a written promise not to use a religious test to fill vacancies. He also is asking for the resignation of school board member Mary Sulivant, who he said asked him about his pledge beliefs.

Woolpert said he and Sulivant were friends before the board meeting, noting that he had done ceramic tile work for her. "Next thing you know, she's torpedoing me on this thing," Woolpert said. He said Sulivant knew about his views on the Pledge of Allegiance and wanted to undermine his appearance before other board members.

Sulivant declined comment and other members of the five-member board are being instructed to do the same by the district's insurance company, National American Insurance Co. "All I can tell you is, we have the claim and it's being investigated," said Charlene Sims, litigation manager for National American Insurance.

The board took no action this month after discussing the claim behind closed doors for more than an hour.