New York City Can Block Religious Services in Public Schools, Appeals Court Says

[rug]

APRIL 3, 2014
By BENJAMIN WEISER and SHARON OTTERMAN

A federal appeals panel ruled on Thursday that New York City can bar religious groups from holding services in school buildings, reversing a lower-court decision.

The latest ruling, coming in a tortured legal battle that has lasted almost two decades, was seen as significant because it addressed a further challenge in which a church claimed that the city’s policy violated its religious liberty rights.

The decision does not mean that the city must force religious groups out of the schools, but merely that a city prohibition on religious worship services in schools would comply with the Constitution.

The impact of the decision was not immediately clear; Mayor Bill de Blasio has repeatedly said that he supports the right of religious organizations to hold worship services in public schools, in contrast with the policy of Mayor Michael R. Bloomberg. On Thursday, Mr. de Blasio affirmed his stance, saying the groups should have access to the schools.

http://www.nytimes.com/2014/04/04/nyregion/new-york-can-block-religious-services-in-schools-appeals-panel-rules.html?_r=0

The Second Circuit's 49 page decision:

http://www.ca2.uscourts.gov/decisions/isysquery/f6af9dd6-29a4-4c5d-af77-24bc44ef47ec/2/doc/12-2730_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/f6af9dd6-29a4-4c5d-af77-24bc44ef47ec/2/hilite/

[hrmjustin]

1. Across the street from my church in Greenwich Village there is a public school that had

a church group that hates LGBT people. I am not going to miss them.

[rug]

2. Geez. I'm surprised that group lasted there.

The parents probably live in Battery Park.

[hrmjustin]

3. Well the West Village is not the sames as you remember.

[rug]

4. Hmm, condos, co-ops and wealth.

A dangerous brew.

[hrmjustin]

5. It does not have the flare it used to have.

Many of the LGBT residents moved to Chelsea and Hells Kitchen.

While it is still liberal now it is mostly high end residents. Bleeker looks like 5th Ave niw with high end stores.

[rug]

6. At least the Stonewall still has three dollar beer on Sundays.

[hrmjustin]

7. It does but not at night.

I haven't been there in over a year.

[Jim__]

13. It sounds like they may not be going anywhere.

The impact of the decision was not immediately clear; Mayor Bill de Blasio has repeatedly said that he supports the right of religious organizations to hold worship services in public schools, in contrast with the policy of Mayor Michael R. Bloomberg. On Thursday, Mr. de Blasio affirmed his stance, saying the groups should have access to the schools.

Can they ban selected religious groups based on their beliefs? Practices?

[hrmjustin]

14. I am not sure they can. If you let some in but not others that would be actionable.

[HockeyMom]

8. I grew up on Christopher St.

Haven't been there in about 7 years. Ending Rent Controls with "free market", and turning rental apartments into Co-ops changed everything.

When my kids were little on LI, the school wouldn't let their Brownie troop meet there. Could not schedule the time. A local church said they could meet in their basement. Parents did not want to walk through a church for a meeting. They told the church no thanks. We met alternately in a parent's house. I felt the same way.

Churches should be used only for religious affairs. Schools should only be used for non-religious affairs.

[hrmjustin]

9. I attend St Lukes on Hudson Street.

[HockeyMom]

10. I went to St. Joseph's School

down the street from the Stonewall. When I was there 7 years ago, it was some kind of a Nursing School.

[hrmjustin]

11. They closed the school and then turned it into a higher end school like St lukes has.

[HockeyMom]

15. They had two schools when I was growing up

Their "Academy" was somewhere near the park, and cost more tuition. I guess with declining enrollment, they combined them into the one higher end Academy. Not surprising with the demographics of the area today.

[hrmjustin]

16. My Episcopal Parish's school has a tuition on $33,000 a year. K-8.

[HockeyMom]

18. Yikes

I didn't pay that much for SUNY college tuition AND Room and Board for my daughter. Well, I know corporate Manhattan salaries are very high, but there are also people making $8/hour at McD's. Makes you wonder how they can afford to live anywhere in NYC.

[hrmjustin]

19. Well de Blasio's next project is affordable housing.

[rug]

12. It all started with the demolition of the Third Avenue El.

It came down in 56-57 and a new zoning ordinance regarding setbacks was to take effect in 61. The race was on.

All the rent-controlled walkups on Third and Second Avenues went down like zippers. Then they went after the side streets. I grew up on 67th Street between 2nd and 3rd and our block was in Housing Court for five years before they were able to tear down the buildings.

Thousands and thousands of rent-controlled apartments were demolished in less than 15 years putting enormous pressure on working class housing throughout the rest of the city. The potential for vast profits from luxury buildings was unleashed.

I once estimated that a half million tenants, overwhelmingly working class, were evicted on the East Side from the Harlem River down to Canal Street during that time. It was raw class warfare.

[HockeyMom]

17. We moved into a rent controlled apartment

in Chelsea (21st between 7th and 8th) back in the 60s. My Mom stayed there until she passed away in the 90s. The building went Co-op in the 80s. She could have bought her apartment, but chose not to, and as a Senior, kept her Rent Control. I was told by the President of the Board that since I grew up there and after Mom passed, I could live there under rent control. I don't know how many children did that. Did they change that?

The building is still standing as it today. The only thing they did was clean and modernize it a bit.

[rug]

20. As I recall, if a child of the tenant in a rent-controlled apartment lived there for two years,

the child would have the protection of rent control in her name. The same rue was in effect for rent stabilized (enacted in 1969) apartments. It was a good rule that honored the community nature of a tenancy.

[Dorian Gray]

21. I have inlaws (Aunts and cousins-in law) that live in Chelsea

3 bedroom railroad apartments for 750 a month. It's an amazing deal. Their families have been there forever.

(right around 19th and 7th avenue!)

New Yorkers will understand salivating at the idea of a three bedroom in Chelsea for $750 a month!

[rug]

22. Good for them!

I went to high school a couple of mile north at Power Memorial. A lot of the guys (all boys school) came from Hell's Kitchen and Chelsea.