PJI Fighting Law That Allows Pricing Discrimination Against Churches
by Allie Martin
April 28, 2005
(AgapePress) - Conservative lawmakers in California are trying to amend a law that allows churches to pay higher rates than other charitable groups to rent public school facilities.Under the Civic Center Act, school facilities are designated as venues that are available for civic groups, community organizations, and churches to rent out for weekend use. However, the law makes a distinction between churches and other charitable and civic entities; and as a result, churches can legally be charged higher rates than other non-profit organizations.
Now, many California school boards are re-classifying churches as businesses so rents can be raised for their weekend use of public school facilities. Some churches have seen rate increases for temporary use of school facilities exceed 100 percent. Many congregations feel the discrepant treatment of religious institutions, though currently legal, is patently unfair.
Pacific Justice Institute (PJI), a non-profit legal defense group, has advised several churches on this problem over the past 12 months, and a number of churches have filed lawsuits citing the unfair treatment. According to Institute attorneys, every court that has looked at this issue has found that the Civic Center Act is discriminatory and has ruled in favor of the churches.
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Brad Dacus |
PJI president Brad Dacus contends that for school boards to charge churches higher rates for use of district facilities "is clearly, clearly unconstitutional." And in virtually every case, when PJI has confronted school district officials about the discrimination, he notes, "their legal counsel agrees with us, and they reverse their policy."California lawmakers are attempting to address problems with the Civic Center Act by amending the law. An attorney for PJI testified before a state Senate committee this week on the proposed changes. Dacus says the Institute intends to keep working and supporting legislation to "amend that statute so that churches will no longer have to pay more than other non-profit organizations."
PJI's chief counsel, Kevin Snider, asserts that the only reason for the difference between the treatment of churches and other non-profit groups under the Civic Center Act is the content of the religious organizations' message. Such "blatant discrimination," he insists, cannot be sugarcoated.
Dacus concurs. "There is no legitimate reason why churches should be treated differently than other non-profit charities who wish to use public school facilities," he says.
