Amended Memorandum Opinion and Order

This civil action questions the constitutionality of a longstanding Bible in the Schools (“BITS”) program administered in many of the elementary and middle schools throughout Mercer County, West Virginia.  Plaintiffs, Freedom From Religion Foundation, Inc., Jane Doe and her child Jamie Doe, and Elizabeth Deal and her child Jessica Roe, allege the BITS program violates the Establishment Clause and request an injunction prohibiting defendants from administering BITS in the future.  Elizabeth Deal and Jessica Roe also seek nominal damages. For the reasons that follow, defendants’ motion to dismiss, ECF No. 25, is GRANTED without prejudice.