Calif. School District Grants Ministry Equal Access
by Allie Martin and Jenni Parker
October 13, 2004
(AgapePress) - A California children's ministry has claimed victory in a battle over rental fees for public facilities.For several years Sonshine Haven, an organization that provides after-school programs and spiritual guidance to disadvantaged children, has rented a facility from the Santee (California) School District. As far as the ministry knew, they were paying for the use of the public space on an equal basis with other community groups.
This year, however, the school district increased Sonshine Haven's rental fees more than tenfold while rental fees for similar groups did not change. In fact, representatives from some groups, such as the local Boy Scouts and Girl Scouts, say they were not charged any fee at all to use school facilities as long as they agreed to avoid any religious teaching.
The children's ministry went for help to Pacific Justice Institute, a non-profit legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. PJI president Brad Dacus says after receiving the Christian organization's request for assistance, the Institute sent a legal demand letter to Santee School District officials, notifying them of the rights and protections the law accords to ministries like Sonshine Haven.
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Brad Dacus |
In response to the letter, Dacus says the district agreed not to charge Sonshine Haven a user fee after all. "The school district has reversed their policy," he says, "and this wonderful ministry to needy youth is [getting its facilities needs] met and fulfilled, and it's continuing to do its job."According to the PJI spokesman, the district avoided legal action at the last minute. "It is patently unlawful for religious organizations to be treated in a discriminatory manner by public agencies in terms of their rental fees," he explains. "Whether the group is a church, children's ministry, or the Boy Scouts, these organizations have a right to the same privileges and benefits of other non-religious association without having to compromise their religious views and teachings."
Nevertheless, Dacus notes, this kind of discrimination happens all the time. "This is very common throughout the country," he says, "and oftentimes ministries and even churches renting school facilities have no idea that their rights under the law are being violated. That's why it's so important for them to learn what their rights are."
Dacus is pleased with the outcome of the matter between Sonshine Haven and the Santee School District. He says Santee officials not only reversed their policy and agreed not to charge the children's ministry a rental fee, but they also promised to review all of the district's policies and its entire fee structure for the use of school property in order to ensure compliance with state and federal law.
