Judge: Calvary Case Not Likely to Succeed

A US district judge has denied a preliminary injunction which would have seen the embattled Fairwinds Day School open to serve students pending a final decision in the case of Calvary Christian Center v. the city of Fredericksburg.

The memorandum opinion, issued by US District Judge John Gibney, Jr. says that the church did not meet the necessary burden required to obtain the preliminary injunction. Gibney noted that the court could only grant an injunction if the case is likely to succeed, among others. 

Calvary Christian Center

"Calvary is not likely to prevail in this case." Gibney writes, saying that the chruch might lack standing to sue under either the Americans with Disabilities Act or the Rehabilitation Act. The judge also said he wasn't convinced that the church would succeed on its claims of religious discrimination. 

A key element of that claim holds 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. However, the Judge noted that the curriculum of the school was not shown to be religious in nature. 

"This failure weakens Calvary's claim that housing Fairwinds on its property is an expression of religion, because courts in several districts have held that structures used by religious organizations for secular purposes or non-religious activities are not automatically protected as expression of religion."

A press release from the office of City Attorney Kathleen Dooley says the the "ruling is a significant one that, while preliminary, bodes well for the city's ultimate successful defense of the lawsuit." 

"In the courts opinion, Calvary Christian Center failed to demonstrate that it would likely succeed on any of its claims," reads the press release. 

Update: 5 a.m., July 20, 2011

The case is slated to go to trial in December. 

Attempts to contact lawyers for the Alliance Defense Fund, the conservative Christian religious advocacy group which is handling the case for Calvary Christian Center were unsuccessful as of yesterday evening.