Calvary Suit Against City Dismissed

A federal judge has dismissed a lawsuit brought against the city of Fredericksburg by a local church which sought to host a day school for mentally disabled children. The lawsuit, filed by Calvary Christian Center, alleged that the City Council's 2010 denial of a special use permit to operate the Fairwinds Day School violated the Americans with Disabilities Act and the right of religious liberty.

"None of the plaintiff's claims can succeed," wrote Judge John Gibney in a 15 page opinion issued on Monday afternoon.

A key element of that claim held that by denying the permit to operate the day school, which serves students with behavioral and psychological conditions, the city was infringing upon the church's ministry to serve mentally and emotionally disabled children. Lawyers for Calvary Christian Center argued that this was a restriction on the church's religious expression.

Gibney disagreed, noting that the students would be taught a secular curriculum.

"Structures used by religious organizations for secular purposes are not necessarily protected as religious exercise," wrote Gibney. "Calvary has not pled any facts demonstrating that the operation of the day school by a third party is a religious exercise. Talismanic assertions lacking factual support are insufficient."

Gibney also rejected the church's claim that the council's denial of the special use permit violated the Americans with Disabilities Act, saying that the church lacked standing to bring suit under those charges.

The lawsuit stemmed from the City Council's late 2010 denial of a special use permit for Calvary Christian Center to lease space to a day school serving children with developmental or emotional disabilities. The City Council recorded an unusual 3-3 tie on the matter (Ward 3 Councilor Fred Howe abstained), and the measure was defeated.

Lawyers for Calvary Christian Center said that the City Council's denial was motivated by discriminatory attitudes towards the mentally disabled.

City officials disagree.

"The council review of the application was careful and fair, with each participating council member exercising his or her own discretion and judgment as to the merits of the proposal," read a press release issued by the City Attorney's Office yesterday.

Back in August, the City Council unanimously denied Calvary Christian Center's second attempt to get the necessary permits to host the day school. The church had attempted to refile for the permit with an application that included a list of conditions which could alleviate the concerns which city council members originally had.