ACLJ Files Federal Suit Against Town of Babylon,NY, For Ongoing Discrimination Against Church
“This is clearly an attempt by the Town of Babylon to skirt the decision of a federal appeals court by amending a policy that is now even more discriminatory by eliminating all religious speech and activity,†said Vincent P. McCarthy, Senior Counsel of the ACLJ, which is representing the church and pastor. “The amended policy violates the constitution which guarantees equal treatment and equal protection for people of faith. The law is clear: If a town permits community organizations to use its facilities for a variety of non-religious speech, it cannot exclude religious speech. The town is clearly exhibiting a profound hostility toward religion. However, we are confident this latest tactic will fail and we believe that our legal system will once again uphold the constitutional rights of our clients.â€
The ACLJ filed suit today in U.S. District Court for the Eastern District of New York in Islip against the Town of Babylon on behalf of Pastor John Amandola and his Christian Church, Romans Chapter Ten Ministries, Inc., which is located in the Town of Babylon.
The ACLJ initially filed suit in federal court in 1999 after town officials told Pastor Amandola that he could not use the Town Hall facilities because of the “separation of church and state.†The town has permitted and continues to permit other community organizations to use its facilities including the Boy Scouts, and the local Diabetes Association, as well as sports and cultural organizations.
In 2000, the district court ruled against the ACLJ’s claim against the town. The U.S. Court of Appeals for the Second Circuit, however, overturned that decision in May 2001 when it ruled that the town’s facilities use policy was unconstitutional.
While the case was on appeal, the town approved an amended facilities use policy that states: “No organization or group may be allowed to conduct religious services or religious instruction within Town buildings or facilities.â€
The ACLJ says Pastor Amandola was permitted to use town facilities this Fall, but his continued use of the facilities for Bible study is in jeopardy because of the town’s new facilities use policy.
McCarthy contends this new policy is unconstitutional and designed specifically to target Pastor Amandola and his church.
“In essence, the town rejected the findings of the appeals court and has implemented an amended policy that continues to discriminate against religious organizations and people of faith,†said McCarthy. “Sadly, the town continues to use taxpayer dollars to wage a legal battle that clearly places them on the wrong side of the law.â€
Like the initial suit, the complaint filed today in federal court contends the town violated the First and Fourteenth Amendments of the U.S. Constitution as well as New York state law. The suit names as defendants the Town of Babylon and the town’s Commissioner of General Services. The suit requests an injunction to find the amended policy unconstitutional. The complaint includes the decision of the federal appeals court issued in May.
The American Center for Law and Justice is an international public interest law firm and educational organization that focuses on constitutional issues specializing in religious liberty work.