Balch Springs revokes ban on gospel music at center (Update)

Houston Chronicle ^ | Jan. 8, 2004 | Associated Press

[Holly_P]

DALLAS - A suburb accused of violating senior citizens' religious rights has agreed to pay 16 plaintiffs damages and revoke a ban on gospel music, preaching and blessings at a city-owned community center, according to court documents filed today.

Attorneys for the plaintiffs and the city of Balch Springs filed the agreed judgment in U.S. District Court in Dallas.

A judge still must approve the judgment, which would pay each plaintiff $150 in damages -- a total of $2,400. The plaintiffs also would receive $813.42 to cover other costs.

The question of whether the plaintiffs are entitled to recover at least $70,000 in attorneys' fees remains unresolved, according to the Liberty Legal Institute, the Plano-based religious liberties firm that handled the case.

"These seniors are heroes," said Kelly Shackelford, chief counsel with Liberty Legal Institute. "Telling seniors they cannot pray or express themselves religiously is against the law; and if you violate seniors' religious freedoms, there will be a price to pay."

The defendants' attorney, Paul K. Pearce Jr., said he had no comment.

The agreed judgment came a month and a half after the U.S. Justice Department opened an investigation into the seniors' complaints. Just before Christmas, the Balch Springs City Council voted to revoke the ban and allow all forms of constitutionally protected speech on the premises.

The Justice Department said Thursday it has closed the investigation in light of the lawsuit settlement.

"Senior citizens should not be forced to check their faith at the door in order to participate in city-run programs and facilities," R. Alexander Acosta, assistant attorney general for civil rights, said in a statement.

For years, senior citizens gathered at the Balch Springs Community Center on Monday mornings to enjoy a gray-haired gospel band known as "Silver Threads" and hear an inspirational message from the Rev. J.B. Barton.

But last fall, three residents said they were offended by religious activity at the city-owned center. So, officials in the Dallas suburb put a stop to it.

The ban on drew an immediate backlash from senior citizens such as Marcelline Green, 75, who picketed outside City Hall with a sign that read "Don't mess with Grandma. She's mad."

The Liberty Legal Institute filed a federal lawsuit Sept. 30 in Dallas on behalf of Green and 15 other plaintiffs who argued that Balch Springs officials violated their constitutional rights of free speech and religious expression.

The city's new policy says the center may be used "by any and all members and others lawfully on the center's premises to engage in constitutionally protected speech without regard to its content or viewpoint."

Green said the plaintiffs will resume religious activities at the center after a judge approves the settlement.

"We're going to celebrate," she said. "We're going to have a party."

[Holly_P]

Each plantiff - $150. Lawyer - $70,000.

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