http://www.usdoj.gov/crt/religdisc/sa_supp.wpd


> Do you have an electronic copy of the Salvation Army brief filed by the
> government?
> Marc Stern
> 
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED] On Behalf Of Eric Treene
> Sent: Monday, May 16, 2005 7:59 PM
> To: Law & Religion issues for Law Academics
> Subject: RE: Locke v. Davey follow-up
> 
> Here is the case Marc was referring to.  The City appealed, and then
> settled
> the case:
> 
> 221 F.Supp.2d 390
> 
> United States District Court,
> E.D. New York.
> 
> Joan DAILY, Plaintiff,
> v.
> NEW YORK CITY HOUSING AUTHORITY, Anthony Richburg, Reinaldo Pagan, and
> Louis
> Ortiz, Defendants.
> 
> No. C.A. CV-02-1293(DGT).
> 
> Sept. 11, 2002.
> 
> 
>  Public housing resident sought preliminary injunction restraining
> enforcement of city housing authority's policy pursuant to which she was
> denied her application to use community center at public housing
> development
> to conduct Bible study/grief counseling sessions to comfort residents
> following the events of September 11, 2001. The District Court, Trager,
> J.,
> held that: (1) community center at public housing development was a
> nonpublic forum at times and a limited public forum at other times; (2)
> decision to deny resident's request constituted viewpoint
> discrimination;
> and (3) decision to deny resident's request was not reasonable in the
> light
> of purpose of the restriction.
> 
> 
> Eric W. Treene
> (in my personal capacity)
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED] Behalf Of Marc Stern
> Sent: Friday, May 06, 2005 1:41 PM
> To: Law & Religion issues for Law Academics
> Subject: RE: Locke v. Davey follow-up
> 
> 
> I do not have time to find the decision, but there is a New York City
> Housing Authority cases involving a no religious use of community rooms,
> which a district court struck as unconstitutional.
> Marc
> 
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED] On Behalf Of Steve Klemetti
> Sent: Wednesday, May 04, 2005 9:34 AM
> To: Law & Religion issues for Law Academics
> Subject: Re: Locke v. Davey follow-up
> 
> [EMAIL PROTECTED] wrote:
> 
> > I wouldn't be so sure. Because I used to help moderate the ACLU
> > message boards (http://forums.aclu.org), I've seen a lot of strange
> > complaints posted including one very similar to the Volokh hypo and
> > Brownstein corollary. I particularly recall a reverend in Oklahoma
> > posting about a married couple in his church who receive both federal
> > Section 8 housing assistance and a state disability check. The state
> > of Oklahoma apparently prohibits the husband from using his disability
> 
> > check to tithe to the church. The couple's apartment manager also says
> 
> > they can't hold Bible study meetings in Section 8 housing. See the
> > December 11, 2004 post in the thread at this link/address:
> >
> http://forums6.aclu.org/messageview.cfm?catid=81&threadid=7115&STARTPAGE
> =3
> >
> <http://forums6.aclu.org/messageview.cfm?catid=81&threadid=7115&STARTPAG
> E=3>
> 
> The prohibition of using disability checks to make charitable
> contributions or tithes is unenforceable.
>  They could not control the putting of cash into donation boxes.
> 
> And the prohibition of using housing or apartments for Bible Study is
> unconstitution, that is
> prohibiting the freedom of worship and assembly.
> 
> 
> 
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