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Read the press release here.

Court Halts City's Ban on Churches in Public Schools

By Patrick Hedlund | February 16, 2012 2:35pm
Rev. Sam Andreades of the Village Church, shown here ministering at the UCB theater in August 2010, saw his Village Church evicted from P.S. 3 in the West Village on Mon., Feb. 13, 2012.
Rev. Sam Andreades of the Village Church, shown here ministering at the UCB theater in August 2010, saw his Village Church evicted from P.S. 3 in the West Village on Mon., Feb. 13, 2012.
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Village Church

MANHATTAN — A court ruled Thursday that religious groups can continue to worship inside the city’s public schools on a temporary basis, just days after they were forced out amid a years long court battle.

The Bronx Household of Faith’s Alliance Defense Fund (ADF) won a temporary restraining order against the city’s ban on churches in schools, allowing religious institutions to continue using the venues for the next 10 days while a state court continues to review arguments regarding the constitutionality of the ban.

"The court’s order is a message of hope for fundamental freedoms in New York City because it means that, for the time being, the city must welcome churches as it does other groups," said Jordan Lorence, an attorney for the defense fund who argued before the court on Tuesday, in a statement. "ADF will continue to fight this battle relentlessly until the city no longer unconstitutionally prohibits activity for purely religious reasons."

The city's ban, which went into effect Monday, marked the culmination of a 16-year battle that began with a challenge by the Bronx Household of Faith to a Department of Education policy that prevented the use of school property for religious services or instruction.

After the DOE repeatedly denied the Bronx church’s request to use school space, the church sued the school district and the city, claiming its First Amendment rights had been violated. The lawsuit ultimately failed.

A federal district court issued an injunction in 2002 that barred the DOE from refusing to review rental space applications by religious organizations.

After that injunction was thrown out last June, the Alliance Defense Fund filed an appeal with the U.S. Supreme Court, which declined on Dec. 5 to review the case.

The state Senate passed a bill last week that would allow churches to remain in schools, and State Assembly Speaker Sheldon Silver is drafting a similar measure.

"This order from the court in no way should stop efforts by the New York Legislature to overturn this policy," Lorence added in the statement. "The courts have consistently ruled that the Constitution does not require New York City to ban religious worship services, so the city or the state legislature is free to repeal the policy."

The city's Law Department said it would file an expedited appeal of Thursday's decision.

"After 16 years of litigation, the federal appeals court agreed with the City that worship in schools raised legitimate concerns about First Amendment violations," said Jonathan Pines, senior counsel for the Law Department, in a statement.

"This last-minute decision disrupts plans that both the City and congregations worked out months ago. We will seek immediate appellate review.”