Federal court rules prayer day must have equal access to city park

LAW OF THE LAND
'Church-state separation' argument loses
Federal court rules prayer day must have equal access to city park

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Posted: November 11, 2003
1:00 a.m. Eastern



© 2003 WorldNetDaily.com

In a decision regarded as a major victory in a 40-year battle over religious speech in public life, a federal court ruled yesterday the city of Tucson, Ariz., must let its employees use city facilities to observe the National Day of Prayer.

"This is a huge victory for free speech and a defeat for those who would like to censor Christian voices," said Benjamin W. Bull, chief counsel with the Arizona-based Alliance Defense Fund, who argued the case. "The organizers of the Tucson National Day of Prayer are only asking for a level playing field, and the court is to be commended for its ruling today."

The U.S. District Court in Arizona said Tucson no longer can discriminate against the local National Day of Prayer organizers and their religious expression by charging the group for the same city services in city parks that other non-religious groups receive for no charge.

U.S. District Court Judge Frank R. Zapata's 22-page decision concluded Tucson's "policy of precluding events 'held in direct support of religious organizations' from receiving Civic Events Funds support is declared invalid and unconstitutional because it violates the Free Speech Clause of the First Amendment to the United States Constitution and is not justified by First Amendment Establishment Clause considerations."

"The court's decision established once and for all that local government cannot discriminate against the NDP or other Christian groups in accessing government facilities," Bull said.

The National Day of Prayer is held each May across the nation.

The decision in Gentala v. City of Tucson comes two years after the U.S. Supreme Court vacated a lower court ruling upholding the actions of the city. The high court sent the case back for further consideration in light of the Good News Club v. Milford Central School District in 2001.

In that landmark case, the high court overruled a federal appeals court decision that prevented a New York Christian youth group from using a public-school facility after hours.

The Tucson case began in 1997 when the Virginia-based American Center for Law and Justice filed a federal lawsuit on behalf of Patricia and Robert Gentala, who organized a public event celebrating the National Day of Prayer in 1997.

Under the city's Civic Event Policy, nonprofit groups can have fees for various services waived, such as trash collection, in connection with events held in city parks. Tucson has provided free city services for such events as an Earth Day Festival, a Hispanic Cultural Arts Event and a Gay Pride Picnic, but it refused to provide free services for the Gentalas and their National Day of Prayer event, citing "separation of church and state."

A federal court rejected the couples' claims and a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed that ruling in April 2000.

Then, an eleven-judge panel of the appeals court overturned the decision of the three-judge panel and ruled against the Gentalas in March 2001. The U.S. Supreme Court vacated the appeals court ruling later that year.