ACLJ Gets Federal Court Injunction against California School District in Religious Discrimination Case

Business Wire, Nov 19, 2004

LOS ANGELES -- The American Center for Law and Justice, which specializes in constitutional law, announced today it has received a preliminary injunction from a federal court in Los Angeles against the Upland Unified School District in Upland, CA over the way it treated a religious organization.

"This is an important victory for our client and the First Amendment," said Stuart J. Roth, Senior Counsel of the ACLJ. "It is clear that the school district's policy of treating religious organizations differently - by charging them a usage fee to use school facilities - is not only wrong, but unconstitutional. We are pleased the federal court has determined that this discriminatory charge violates the rights of our client. With this preliminary injunction, our clients have been given access to city facilities on the same terms and conditions as other community groups."

In July, the ACLJ filed suit in U.S. District Court in Los Angeles on behalf of the Pomona Valley Chapter of the Child Evangelism Fellowship (CEF), a not-for-profit religious community youth organization located in Upland, CA.

According to the suit, the Upland Unified School District permitted CEF to use school facilities for a weekly meeting from February through May 2004 that focused on how the Bible addresses issues facing students but was sent an invoice for $304 reflecting a fee of $19 per meeting charged to the organization because the meetings were classified as religious.

The suit contends the policy of the school district along with a California Education Code singles out religious organizations in a discriminatory fashion by charging a usage fee for religious groups, while other community organizations are permitted to use the facilities free of charge.

The ACLJ asked a federal court for a preliminary injunction in the case. In an opinion filed with the court on November 15th, U.S. District Court Judge Virginia A. Phillips granted a motion for preliminary injunction against the school district - preventing the school district from continuing to charge the usage fee.

In the words of Judge Phillips: "Plaintiffs likely have been, and will continue to be, deprived of their First Amendment right to use the District's facilities on the same basis as non-religious organizations engaged in similar activities."

The American Center for Law and Justice, which specializes in constitutional law, is based in Washington, D.C. and its web site address is www.aclj.org.