UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _________________

No. 17-3113 _________________

JOEL DOE, a Minor, by and through his Guardians John Doe and Jane Doe; MACY ROE; MARY SMITH; JACK JONES, a minor, by and through his Parents John Jones and Jane Jones, *CHLOE JOHNSON, A minor by and through her Parent Jane Johnson; *JAMES JONES, A Minor by and through his Parents John Jones and Jane Jones, Appellants

v.

BOYERTOWN AREA SCHOOL DISTRICT; DR. BRETT COOPER, In his official capacity as Principal; DR. E. WAYNE FOLEY, In his official capacity as Assistant Principal; DAVID KREM, Acting Superintendent

PENNSYLVANIA YOUTH CONGRESS FOUNDATION (Intervenor in D.C.)

*(Pursuant to Court Order dated 04/06/18) ____________

On Appeal from the United States District Court for the Eastern District of Pennsylvania (E.D. Pa. No. 5-17-cv-01249) District Judge: Honorable Edward G. Smith ____________

Argued May 24, 2017 ____________

Before: MCKEE, SHWARTZ and NYGAARD, Circuit Judges

_________________

JUDGMENT _________________ We agree Plaintiffs have not demonstrated a likelihood of success on the

merits and that they have not established that they will be irreparably harmed if

their Motion to Enjoin the Boyertown School District’s policy is denied.

We therefore Affirm the District Court’s denial of a preliminary injunction

substantially for the reasons that the Court explained in its exceptionally well

reasoned Opinion of August 25, 2017.

A formal Opinion will follow. The mandate shall issue forthwith. The

time for filing a petition for rehearing will run from the date that the Court’s

formal opinion is entered on the docket.

For the Court,

s/ Theodore A. McKee Circuit Judge

ATTEST:

s/ Patricia S. Dodszuweit Clerk

DATED: May 24, 2018