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Judge OKs church's library room use
Contra Costa Times ^ | 5/27/5 | Bruce Gerstman

Posted on 05/27/2005 7:46:41 AM PDT by SmithL

A federal judge has ordered Contra Costa County to let religious groups use its public rooms for meetings in a case involving the Antioch Library.

The county says use of its public spaces for religious purposes violates its policies and it will continue to fight a lawsuit demanding access.

Last year it banned a religious group from the community meeting room at the Antioch Library and the group went to court to assert its free speech rights.

U.S. District Court Judge Jeffrey White ruled this week that when the county makes available a room in a library, it cannot enforce a policy that bans religious purposes. His preliminary order issued Tuesday remains in effect while the parties continue to litigate the case.

The ruling affects libraries with meeting rooms managed by county library staffers. Libraries with meeting rooms managed by cities, such as Danville, San Ramon, Moraga and Orinda, are not affected, said Kelly Flanagan, a Contra Costa deputy counsel.

The attorney for the banned group was firm in her view and other free speech groups sided with her in comments made Thursday.

"It's unfair for the government to discriminate based on a person's viewpoint," said Elizabeth Murray, an attorney with the Arizona-based Alliance Defense Fund. The Defense Fund took up the case for Faith Center Church Evangelistic Ministries, which had sought to use the library room.

Faith Center sued last year after the county forbade it from using the library meeting room for its free, public meetings that include prayer, religious songs and Bible study.

A librarian who overheard the group's meeting last May informed officials, said county attorney Kelly Flanagan.

Flanagan said the county cannot allow a group to practice religion in space funded by taxpayers. The group's free speech is protected as long as taxes don't pay for it, she maintained.

Free speech group representatives offered little support for the county viewpoint.

The government cannot exclude groups "simply because they have a religious viewpoint," said Rob Boston, a spokesman for Americans United for Separation of Church and State, a Washington, D.C.-based organization that opposes religion in government.

"They had a policy from the get-go that discriminated against religious groups," he said. "We don't often agree with Alliance Defense Fund, but in this case, they have a point."

The head of an Oakland based free-speech group also agreed with White's injunction.

Until religious groups use a community room so often that it becomes a publicly funded place of worship, all groups should get equal access, said David Greene, executive director of the First Amendment Project.

"If a county library has opened its doors to other groups, it can't close its doors to religious groups," he said.


Bruce Gerstman covers Contra Costa Superior Court. Reach him at 925-952-2670 or bgerstman@cctimes.com.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: California
KEYWORDS: churchandstate; freedomofreligion; library; publicsquare; ruling
Another victory over the anti-anything-religious forces.
1 posted on 05/27/2005 7:46:41 AM PDT by SmithL
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To: SmithL

OMG....LOGIC prevailed.....do we have a trend starting? HOPING, praying.....


2 posted on 05/27/2005 7:48:22 AM PDT by goodnesswins (Our military......the world's HEROES!)
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To: SmithL
Somebody should sue Contra Costa County for wasting taxpayer money. (In trying to fight something as ridiculous as this) That would but weak government institutions in an interesting position. Get Bullied by the ACLU, or get sued by your tax payers and voters.
3 posted on 05/27/2005 7:53:21 AM PDT by tfecw (Vote Democrat, It's easier than working)
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To: SmithL

The attempt by the library to ban religious groups is wholly unconstitutional. Any lawyer worth his salt would know the status of the law- government bodies are required to treat religious groups the same way they treat secular groups. If the library allows the Birdwatching Association of California to use its meeting rooms (or whatever) it has to allow a Baptist youth group use on equal terms.


4 posted on 05/27/2005 7:56:52 AM PDT by Modernman ("Laws are like sausages, it is better not to see them being made. " -Bismarck)
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To: SmithL

A more content based regulation would be hard to imagine.


5 posted on 05/27/2005 7:58:48 AM PDT by TheOtherOne
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To: SmithL
In an unrelated case, the ACLU filed suit today demanding that the city of Corpus Christi, Texas change it's name.

(St. Paul, Minnesota is next)

6 posted on 05/27/2005 7:59:38 AM PDT by Graybeard58 (Remember and pray for Spec.4 Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: SmithL

U.S. District Court Judge Jeffrey White ... President Bush appointee. Speaks volumes doesn't it? Compare this with the Clintoon appointee who wants to release more pics of Abu Graib. Judge White is what we need more of!


7 posted on 05/27/2005 7:59:42 AM PDT by marway (Say NO to judicial activism!)
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To: Modernman
If the library allows the Birdwatching Association of California to use its meeting rooms

If they do, I am filing suit.

Birds have a right to privacy too.

8 posted on 05/27/2005 8:02:41 AM PDT by Graybeard58 (Remember and pray for Spec.4 Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Graybeard58

Tax money....Guess what...Catholics pay taxes, too.


9 posted on 05/27/2005 8:15:42 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: SmithL
First Amendment: "............or prohibiting the free exercise thereof;..........."
10 posted on 05/27/2005 8:18:01 AM PDT by Polybius
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To: Sacajaweau
Tax money....Guess what...Catholics pay taxes, too.

I know that.

Was your reply misdirected?

11 posted on 05/27/2005 8:22:14 AM PDT by Graybeard58 (Remember and pray for Spec.4 Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: SmithL

The real interesting aspect of this story is that I'm SURPRISED by the judgment. That's more telling than anything else. I don't know how many of these piddly-butt cases go to court, but when I hear of them, I expect religion to lose.


12 posted on 05/27/2005 8:22:53 AM PDT by AmericanChef
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To: Polybius

The First Amendment does, indeed, contain that clause. Sadly -- and this is why the ruling is so very surprising and the ACLU's support of religious liberty here is so shocking -- in the eyes of the Liberals and the Atheists the Establishment Clause is seen as trumping and nullifying the Free Exercise Clause. Yes, I know, that's now how they articulate their position, but that's how it FUNCTIONS.


13 posted on 05/27/2005 8:49:36 AM PDT by TexasGreg ("Democrats Piss Me Off")
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To: Graybeard58
In an unrelated case, the ACLU filed suit today demanding that the city of Corpus Christi, Texas change it's name.

You're joking ... right? I've searched the ACLU website and found no such law suit. The SAD thing in this -- and, yet, what makes the joke so funny -- is that it's actually BELIEVABLE that the ACLU would try to do this.
14 posted on 05/27/2005 8:59:20 AM PDT by TexasGreg ("Democrats Piss Me Off")
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To: Graybeard58
San Fransisco (St. Francis)
Los Angeles (The Angels)
San Diego, ec, etc, etc
15 posted on 05/27/2005 9:04:18 AM PDT by Chinito (6990th Security Group, RC-135/Combat Apple, Class of '68)
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To: TexasGreg

Yes, I was joking.

I wonder sometimes though if they might try it.


16 posted on 05/27/2005 9:12:43 AM PDT by Graybeard58 (Remember and pray for Spec.4 Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Chinito

Too many to mention. It just shows me that the people who explored this great country and started cities were people with religious convictions.


17 posted on 05/27/2005 9:14:43 AM PDT by Graybeard58 (Remember and pray for Spec.4 Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Chinito

Don't forget Sacramento. In addition, a huge number of California cities grew up around early missions, and include "Santa" or "San" in their names.


18 posted on 05/27/2005 10:08:41 AM PDT by SmithL (Proud Submariner)
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To: SmithL
Had the religious group been extolling the virtues of pornography, the librarians would not have complained. While this religious group was expelled, pornography comes in over the Internet, libraries have sufficient means to control it, the law and the US Supreme Court say it's perfectly legal to control it and some libaries must control it, but the ALA (American Library Assoc.) tells libraries to defy the law, thereby allowing inappropriate material that attracts criminals who may molest the children. It's nice to see the ALA on the lookup for religious people gathering together, while the ALA defies the law and defends the rights of criminals. A little backward, don't you think? See http://www.plan2succeed.org/ for more info.
19 posted on 05/27/2005 10:59:15 PM PDT by plan2succeed.org (www.plan2succeed.org)
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