Although the Church does not concede that
§ 414 and the Policies create a limited public forum, it argues, citing
Travis, 927 F.2d 688, that even under the limited public forum doctrine, its speech has been unlawfully excluded because it is of a genre that the School Board has permitted. In
Travis, the defendant school district, pursuant to
§ 414, permitted its facilities to be used by numerous community organizations, including an organization called “On the Level Music!” which presented a Christmas program. The defendant, however, denied the plaintiff, a Christian pregnancy counseling organization, permission to use its facilities for a fund-raising performance by a Christian illusionist. (Coincidentally, perhaps, the same Christian illusionist involved in this case, Toby Travis.)