A church in Fife Lake, Michigan has filed a federal suit (see full complaint here) against the village over a policy that charges religious organizations for use of a public building in the community while allowing non-religious organizations to use the facility free of charge.
The Village of Fife Lake Council, the local governing body in the village, opened its Municipal Building meeting room for rent by any private group or individual. However, its fee schedule forces churches and religious organizations to pay for use of the space while it allows free use by other community organizations, such as the American Legion, Rotary and Kiwanis Clubs, and the Boy and Girl Scouts of America.
This is an issue the federal courts have ruled on many times. The key ruling on this issue is Lamb’s Chapel v. Center Moriches School District, a 1993 case where a unanimous court ruled that if a government agency allows community groups to use public facilities for meetings, it must treat religious and non-religious organizations equally.
The plaintiff in this case is the Forest Area Bible Church. They are represented by the Alliance Defense Fund, a Christian legal defense group based in Arizona. I don’t expect this case to go to court. The judge will almost certainly issue a preliminary injunction and that should prompt the village to settle the case and change its policy.
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