Voluntary Cessation Does Not Moot Case

The Texas Supreme Court held that the defendant's voluntary cessation of challenged conduct did not render the plaintiff's claims for prospective relief moot where the challenged conduct might reasonably be expected to recur in Matthews v. Kountze I.S.D., 14-0453, 2016 Tex. LEXIS 95 (January 29, 2016).  In that case, middle and high school cheerleaders had a tradition of displaying banners with religious messages at school-sponsored events.  The school district established a policy that no religious signs or messages should be displayed.  The cheerleaders, through their parents, sued the school district.  The school district then passed an order that it was "not required to prohibit messages on school banners . . . that display fleeting expressions of community sentiment solely because the source or origin of such message is religious," but "retained the right to restrict the content of school banners."