The parties met and prepared a joint filing, which went to the court on October. That filing identifies areas of agreement between the parties and areas where there are still questions. The parties have proposed to the court that, on November 8, they each submit their specific proposed order to the court, along with an explanation of it. 

• The parties agree that the district will rehire Kennedy by March 15, 2023, and that Kennedy will be able to pray.
• The parties disagree about the appropriate wording for an order from the district court about the conduct of Kennedy’s prayers, and the court will have to decide that question. The parties will submit their proposals on November 8.
• Kennedy is entitled to request reasonable attorney fees, by submitting a fee application to the district court within 60 days after the case is otherwise resolved. The court will then decide what amount is reasonable.

We continue to work with our attorneys to facilitate Mr. Kennedy’s return as an assistant football coach at Bremerton High School, in compliance with the U.S. Supreme Court’s decision in Kennedy v. Bremerton School District. 

The Bremerton School District remains steadfast in its commitment to protecting the religious freedom of all Bremerton students, families and employees.

The District is not doing media interviews at this time. 

Mr. Kennedy’s lawyers have described their attorney fees as amounting to $5.5 million. However, the amount of attorney fees is ultimately decided by the U.S. District Court after an exacting process. At this point, the School District has not received any documentation for any amount of attorney fees. The extent of insurance coverage for a potential attorney fees judgment is the subject of continuing discussions between the School District and its insurers.

The District issued this statement in response to inaccurate information shared by Mr. Kennedy in media interviews September 19.

On August 8, the District sent Mr. Kennedy’s lawyers all the required onboarding documents for District coaches and other employees, and the District invited Mr. Kennedy to reach out to a designated District staff member for assistance if he needed it. We had assumed that he would do his part and be back on the field when practices started on August 17. To date, the District has not received any of the necessary paperwork.

Similarly, the District has already sent Mr. Kennedy’s lawyers a proposed closing order that would end his case in accordance with the Supreme Court’s ruling. Contrary to what Mr. Kennedy’s lawyers have said, a closing order isn’t necessary for Mr. Kennedy to be hired as a coach, but it is necessary to conclude the lawsuit. In the normal course of litigation, attorneys trade proposed orders back and forth until they reach an agreement. Mr. Kennedy’s lawyers have yet to respond to the District’s proposal.

Along with Mr. Kennedy’s onboarding paperwork (and a response on our proposed closing order), the District also awaits his lawyers’ formal request for attorney fees. Although his lawyers have requested millions of dollars from the District, they have not yet provided any documentation, much less what is legally required to support such a large sum.

Despite the District’s ongoing efforts to get Mr. Kennedy back on the field and resolve the case, his lawyers insist on a closed-door meeting. But the District is a public body; it can’t do backroom deals to compromise the rights of its students, families, and staff. Nor can it spend public money without knowing what it actually and reasonably owes. The school board must conduct its business where the public can see it. And if Mr. Kennedy’s lawyers want a court order, including for their attorney fees, they must go through the proper legal channels, as the District has repeatedly requested.

The District is eager to abide by the Supreme Court’s ruling and amicably resolve this matter, but it cannot do so until it hears back from Mr. Kennedy and his lawyers. Whatever Mr. Kennedy or his lawyers may be saying, so far they just aren’t taking any steps to resolve the case.

It is a matter of court record that Mr. Kennedy was not fired and never reapplied for his job for the 2016 season.

This brief was filed by the Bremerton School District with the Supreme Court in March of this year; in particular pages 20-23 of the pdf (pages 11-14 of the actual brief) detail the timeline in 2015-16 of Mr. Kennedy being placed on paid administrative leave, his contract expiring at the end of the season and that he never reapplied for a job as an assistant football coach.

In compliance with the U.S. Supreme Court’s June 27 decision in Kennedy v. Bremerton School District, we have been working with our attorneys to facilitate Mr. Kennedy’s return as an assistant football coach at Bremerton High School.

While Mr. Kennedy could attend the game as a spectator on Friday night, he has not completed the District’s employee onboarding process and therefore cannot coach. We do not know if he will be at the game on Friday, or what his plans are for returning to Bremerton as an assistant coach.

On August 8, we started the employee onboarding process and Mr. Kennedy’s attorneys were sent all of the employment forms that all District coaches must complete before working with students. At that time, we also informed Mr. Kennedy (through his attorneys) that he could contact our Human Resources Department directly to request assistance he might need in filling out the forms and reporting for work. We anticipated that Mr. Kennedy would return the forms, complete the training required of all Bremerton School District coaches, and report to the head football coach in time for the first day of practice for the new season, which began on August 17.

To date, Mr. Kennedy has not returned the forms, has not contacted our HR department or anybody else at the District for assistance, and has not shown up for work. We have informed Mr. Kennedy, through his lawyers, that we are ready to hire him and have him fulfill the duties of an assistant Bremerton High School football coach as soon as he completes the steps and training required of all District coaching staff.

Meanwhile, the case is now back in the U.S. District Court for the Western District of Washington, where the judge will decide how to implement the Supreme Court’s decision and determine reasonable attorney fees.

The Bremerton School District remains steadfast in its commitment to protecting the religious freedom of all Bremerton students, families and employees.

In compliance with the Supreme Court’s decision, the Bremerton School District is working to facilitate Mr. Kennedy’s return as an assistant football coach. Meanwhile, the District is also working to update our procedures to ensure that we satisfy our obligations to protect the religious freedom of our students and their families as well as all District employees. The case is now back in the U.S. District Court for the Western District of Washington, where the judge will decide how to implement the Supreme Court’s decision and determine reasonable attorney fees.

• Please visit the Americans United website for additional information on the case.
• Read OSPI's 6/27 statement

Updated 8/15/2022