It looks like there is a policy of prohibiting most public religious activities in the park. Wouldn't that be unconstitutional in a traditional public forum (which the park, though not the river, likely is), even if there is no discrimination? But it would also be some evidence that there does appear to be religious discrimination even in the river use policy.
Eugene http://fredericksburg.com/News/FLS/2004/052004/05272004/1377386 . . . Some who heard about the controversy say the rule may be illegal and a form of religious discrimination. "You can't treat religious expression in a public park any different from any other kinds of expression," said Kent Willis, executive director of the American Civil Liberties Union of Virginia in Richmond. Park Authority Manager Brian Robinson, who approached Pyle after Sunday's baptisms, said the agency doesn't discourage religious activities. He said religious services, political rallies and private companies that use the authority's four parks must confine their activities to a reserved shelter or room so they do not interfere with other park patrons. Active church services, such as baptisms and revivals, or anything that "takes on a public persona that others would take offense or object to," are not allowed in the common areas of the parks, Robinson said. "We don't have a problem with providing shelters, but we don't want others to feel forced to endure someone else's religion," he said. In addition to Falmouth Waterfront Park, the regional authority oversees St. Clair Brooks Park and Pratt Park in southern Stafford and Old Mill Park in the city. Park officials have had situations in the past where groups came in, set up tents and loud speakers for revivals and tried to promote their particular message to others, he said. Members of Cornerstone Baptist, who didn't inform park officials before the baptisms, were passing out literature Sunday, Robinson said. But the policy, which is not in writing, prompted debate last night during an emergency meeting of the Park Authority board. . . . Some board members were confused about the policy. Tom Gordon, the authority's operations supervisor, said he thought certain religious ceremonies--such as Easter sunrise services--were permitted on a case-by-case basis. Eric Olsen, the board's vice chairman, said he never understood that the Park Authority had a policy on religious activities. Olsen proposed creating a subcommittee to research the issue and report back when the board meets next month. . . . Yesterday, the ACLU wrote a Park Authority board member asking that the agency assure the group that it has no ban on religious activities and that it will allow baptisms at Falmouth Waterfront Park. . . . "If a nonprofit swimming camp is doing the same thing, would it be treated differently?" [U. Va. professor Robert O'Neil] asked. "If it's discouraged, but not forbidden, then that's a problem." Park Authority officials say they discourage swimming in the Rappahannock River, but since the river is governed by state law, they can't prohibit people from entering the water, Robinson said. The first drowning of this year occurred Sunday, upstream from the park just hours after the baptisms. Over the years, the Rappahannock near Fredericksburg has claimed dozens of lives, including four drownings during the summer of 2002. . . . _______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw