We
were contacted this past December by a Chelsea, MI Council Member who
asked us to assist in drafting an ordinance to regulate private use
of public space. He contacted us because Chelsea would not allow a
live nativity scene on city-leased property during a December
festival. Councilman Anderson wanted an ordinance in place to protect
such activities. As such, he contacted ACLJ attorneys who were able
to provide him with information regarding the First Amendment and the
Equal Access Act.
Specifically,
we discussed Lamb’s Chapel, argued by ACLJ Chief Counsel, Jay
Sekulow, a case in which a unanimous Supreme Court held that
the First Amendment requires religious groups to be treated equally
with other groups that use public facilities. The Court upheld two
principles. First, denying religious organizations equal access to,
and use of, public facilities for speech activities violates the Free
Speech Clause of the First Amendment. Second, it is not a violation
of the Establishment Clause (what some people mistakenly call
“separation of church and state”) for a school to treat religious
organizations equally with other organizations. These principles
apply to all public facilities, not just school facilities, which
have been opened for use by community organizations.
Based
on such case law, ACLJ attorneys were able to assist the Council
Member in drafting an ordinance that would regulate private use of
public space. The outcome was favorable, and we just received word
that the drafted ordinance passed unanimously.
We
are pleased with this outcome and will continue working to protect
the rights of religious organizations to ensure that they are treated
equally with other organizations when public space has been opened
for use by community organizations.
