Below the Michigan article is one from Texas about another church who won a unanimous decision.
Mich. town settles lawsuit, lifts discriminatory rental fees on church
ADF attorneys reach settlement with Fife Lake; church reimbursed for fees not charged to other groups
Tuesday, June 23, 2009
GRAND RAPIDS, Mich. — Alliance Defense Fund attorneys secured a settlement Tuesday with the village of Fife Lake on behalf of Forest Area Bible Church, which will no longer be forced to pay discriminatory rental fees to use the village’s municipal building. As a result of a lawsuit filed by ADF attorneys in March, the church will also be reimbursed for past fees it had to pay--fees that were not charged to similar non-religious organizations that enjoyed free access to the facility.
“Churches shouldn’t be targeted for discriminatory rental fees by local governments just because they are religious,” said ADF Legal Counsel Tim Chandler. “We are pleased that Fife Lake has agreed to give the church the same kind of access it grants to other local community groups.”
When the Village of Fife Lake Council opened its municipal building for rent to any private group or individual, the village’s fee schedule forced churches and religious organizations to pay for access to the facility. At the same time, the village granted free use of the space to other community groups, such as the American Legion, Rotary and Kiwanis Clubs, and the Boy and Girl Scouts of America.
After paying rental fees for approximately 18 months, two rental rate increases forced the church to stop meeting because of the financial burden and a lack of alternative facilities.
Under the settlement, the village has amended its fee schedule so that churches have the same access to its facilities as all other non-profit organizations. In addition, the village will reimburse all of the rental money it collected from the church, will offer the church a discounted rental rate through April 2010, and will pay the church's litigation costs incurred in the lawsuit.
The consent judgment in Forest Area Bible Church v. Fife Lake Village Council was filed with the U.S. District Court for the Western District of Michigan, Southern Division.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
“Churches shouldn’t be targeted for discriminatory rental fees by local governments just because they are religious,” said ADF Legal Counsel Tim Chandler. “We are pleased that Fife Lake has agreed to give the church the same kind of access it grants to other local community groups.”
When the Village of Fife Lake Council opened its municipal building for rent to any private group or individual, the village’s fee schedule forced churches and religious organizations to pay for access to the facility. At the same time, the village granted free use of the space to other community groups, such as the American Legion, Rotary and Kiwanis Clubs, and the Boy and Girl Scouts of America.
After paying rental fees for approximately 18 months, two rental rate increases forced the church to stop meeting because of the financial burden and a lack of alternative facilities.
Under the settlement, the village has amended its fee schedule so that churches have the same access to its facilities as all other non-profit organizations. In addition, the village will reimburse all of the rental money it collected from the church, will offer the church a discounted rental rate through April 2010, and will pay the church's litigation costs incurred in the lawsuit.
The consent judgment in Forest Area Bible Church v. Fife Lake Village Council was filed with the U.S. District Court for the Western District of Michigan, Southern Division.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
Texas Supreme Court rules unanimously in favor of prison ministry
High court says state’s Religious Freedom Restoration Act protects ministries in zoning disputes
Tuesday, June 23, 2009
AUSTIN, Texas — The Texas Supreme Court ruled unanimously in favor of a ministry to former prison inmates Friday, determining that zoning regulations passed by the city of Sinton to oust the ministry from town violate the Texas Religious Freedom Restoration Act. Alliance Defense Fund ally Liberty Legal Institute represented the ministry in the case. ADF provided funding assistance for the appeal to the high court.
“Religious ministries should not be singled out for discrimination by a city’s zoning restrictions,” said Kelly Shackelford, chief counsel of Liberty Legal Institute and an ADF-allied attorney. “The Texas RFRA is a reflection of the strong belief in religious freedom shared by almost all Americans. The Texas Supreme Court has upheld and respected the will of the people and rejected the city’s attempt to circumvent the law.”
Pastor Rick Barr sought legal recourse after the city of Sinton passed zoning laws that effectively banned Philemon Homes, the ministry he heads, from the city. The ministry’s purpose is to assist and restore non-violent criminals upon release from prison. The trial court and Texas Court of Appeals ruled in favor of the city, finding the Texas RFRA did not protect the pastor and church ministry, but the Texas Supreme Court disagreed.
“Although the government’s interest in the public welfare in general, and in preserving a common character of land areas and use in particular, is certainly legitimate when properly motivated and appropriately directed, the assertion that zoning ordinances are per se superior to fundamental, constitutional rights, such as the free exercise of religion, must fairly be regarded as indefensible,” the court wrote.
“This was an important case for religious freedom that could have ramifications beyond just the immediate circumstances. ADF was pleased to assist with funding to make sure the ministry’s cause would be heard before the Texas Supreme Court,” said ADF Senior Counsel Glen Lavy.
Liberty Legal Institute and Texas Solicitor General James Ho argued before the Texas Supreme Court in March 2007 on behalf of Barr and Philemon Homes in the case, Barr v. City of Sinton.
“Religious ministries should not be singled out for discrimination by a city’s zoning restrictions,” said Kelly Shackelford, chief counsel of Liberty Legal Institute and an ADF-allied attorney. “The Texas RFRA is a reflection of the strong belief in religious freedom shared by almost all Americans. The Texas Supreme Court has upheld and respected the will of the people and rejected the city’s attempt to circumvent the law.”
Pastor Rick Barr sought legal recourse after the city of Sinton passed zoning laws that effectively banned Philemon Homes, the ministry he heads, from the city. The ministry’s purpose is to assist and restore non-violent criminals upon release from prison. The trial court and Texas Court of Appeals ruled in favor of the city, finding the Texas RFRA did not protect the pastor and church ministry, but the Texas Supreme Court disagreed.
“Although the government’s interest in the public welfare in general, and in preserving a common character of land areas and use in particular, is certainly legitimate when properly motivated and appropriately directed, the assertion that zoning ordinances are per se superior to fundamental, constitutional rights, such as the free exercise of religion, must fairly be regarded as indefensible,” the court wrote.
“This was an important case for religious freedom that could have ramifications beyond just the immediate circumstances. ADF was pleased to assist with funding to make sure the ministry’s cause would be heard before the Texas Supreme Court,” said ADF Senior Counsel Glen Lavy.
Liberty Legal Institute and Texas Solicitor General James Ho argued before the Texas Supreme Court in March 2007 on behalf of Barr and Philemon Homes in the case, Barr v. City of Sinton.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
