Moore v. City of Van, Texas
| Decision Date | 07 January 2003 |
| Docket Number | No. 6:02-CV-400.,6:02-CV-400. |
| Citation | 238 F.Supp.2d 837 |
| Parties | Charles L. MOORE and Michelle E. Moore, Plaintiffs, v. CITY OF VAN, TEXAS, Mayor E.L. Raulston, Aldermen Albert McCarty, Jackie Nations, Linzy Neal, Jack Perry, in their official capacities, Defendants. |
| Court | U.S. District Court — Eastern District of Texas |
David Andrew Cortman, American Center for Law & Justice, Lawrenceville, GA, Gregory N. Bryl, Robert W. Ash, Stuart Jonathan Roth, American Center For Law & Justice, Washington, DC, for Plaintiffs.
Darrell G-M Noga, Roberts & Smaby, Dallas, TX, for Defendants.
On October 11, 2002, Plaintiffs Charles L. Moore ("Mr.Moore")and Michelle E. Moore ("Mrs. Moore") (collectively "Plaintiffs") filed a Motion and Supporting Memorandum for Preliminary Judgment Pursuant to Federal Rule of Civil Procedure 65 (Docket No. 15). On November 8, 2002, Defendants City of Van, Texas (the "City"), Mayor E.L. Raulston ("Mayor Raulston"), Aldermen Albert McCarty, Jackie Nations, Linzy Neal, and Jack Perry, each individual Defendant sued only in their respective official capacities (collectively "Defendants"), filed a Response (Docket No. 20). On November 18, 2002, Plaintiffs filed a Reply (Docket No. 25). An evidentiary hearing was held on December 17, 2002. At the hearing, the Court suggested a consolidation of the hearing with a trial on the merits pursuant to Federal Rule of Civil Procedure 65(a)(2). The parties agreed that all facts and applicable law were before the Court, and this action was ripe for full adjudication on its merits without the need for further trial. After consideration of the parties' submissions, the admissible evidence, and the applicable law, the Court makes the following findings of fact and conclusions of law as required by Rule 52 of the Federal Rules of Civil Procedure.1
The City has adopted a facilities use policy (the "Policy") for use of the Van Community Center ("Center"), which permits use of the Center by "residents of the City of Van and the Van Independent School District," and to non-residents in certain situations.2 See Pls.' Ex. A. Pursuant to the Policy, Defendants have permitted a number of events, including, among others: Kiwanis Club meetings, Super Bowl parties, wedding parties, wedding showers, dance classes, family reunions, graduation parties, scouting activities, and Thanksgiving and Christmas parties. See Pls.' Ex. B.3 The Policy, on its face, does not contain exclusions. Nevertheless, the City has been consistent in denying use of the Center for religious purposes.4
All applications to use the Center go through Patricia Ann Pickard ("Pickard"), manager of the Center, who collects the registration form, which includes name, telephone number, address, and type of event. In 1995, Mayor Raulston informed Pickard that the Center was not to be used for religious services or religious purposes. See Pls.' Ex. K, at 47. If through a conversation with a potential applicant or through the application itself, Pickard determines that the event is questionable, i.e., any event with religion involved, she informs the applicant that the Center cannot be used for religious purposes, denies the application and, refers the applicant to Mayor Raulston for further discussion.
On January 19, 2002, Mrs. Moore, who lives within the Van Independent School District, applied for permission to use the Center for a "family gathering." The application was granted and, on February 1, 2002, the Plaintiffs' along with a group of 80-100 local residents, who learned of the event through word of mouth, held a meeting at the Center. The February 1, 2002, meeting lasted for three hours and consisted of singing songs, praying for the local community, and informal discussions on issues such as the conditions of schools, the safety of students, and the need to be role models for individuals within the community. The City was unaware that Plaintiffs used the Center for religious purposes.5
On February 4, 2002, Mrs. Moore went back to the Center to reserve it for the first Friday night of every month. At the Center, she spoke with Pickard. During this conversation, Pickard asked Mrs. Moore what type of event was she going to have at the Center and Mrs Moore replied "prayer for the community." See Pls.' Ex. O, at 28. Pickard informed Mrs. Moore that the Center could not be used for religious gatherings and referred Mrs. Moore to Mayor Raulston if she had a problem with this position. On February 5, 2002, Mr. Moore spoke with Mayor Raulston requesting to use the Center again for an event similar to the February 1, 2002, meeting. The event was to contain a message and discussions about improving local schools, ensuring safety of students, helping local businesses, engaging in community service, and becoming better role models for local residents and their children, all from a Biblical perspective, in addition to singing religious songs, and praying about issues the residents faced. See Mr. Moore Decl. ¶¶ 6-7, 14.
Sometime before February 12, 2002, Mr. Moore personally visited with Mayor Raulston at his office to clarify the City's position regarding the "unwritten `no religious use' policy." On February 13, 2002, Mr. Moore sent a letter to Mayor Raulston and City Council members requesting that they reverse the denial of the use of the Center by the Plaintiffs. On February 15, 2002, Mayor Raulston sent the Plaintiffs a letter denying their application and stating that the "Van Community Center is not available for any type of religious service meetings." See Pls.' Ex. D. On April 4, 2002, the Van City Council met in a Regular Session and discussed Plaintiffs' application. The Van City Council, after consultation with the city attorney, unanimously passed a motion to exclude religious services from the Van Community Center. Subsequently, on August 19, 2002, Plaintiffs filed this lawsuit against the Defendants for violations of their rights to free speech, equal protection, free exercise of religion, due process, and the right to be free from establishment of religion under the First and Fourteenth Amendments. Plaintiffs seek declaratory and injunctive relief. Specifically, Plaintiffs complain that by applying their Policy to exclude only religious speech, Defendants have engaged in unconstitutional content and viewpoint-based discrimination.
As an initial matter, the Court must determine that the expression at issue is protected under the First Amendment.6 The Plaintiffs have alleged that by applying their Policy to exclude only religious speech, Defendants have violated the First Amendment. It is clear that religious speech is protected under the First Amendment. See, e.g., Good News Club v. Milford Cent. Sch., 533 U.S. 98, 110, 121 S.Ct. 2093, 150 L.Ed.2d 151 (2001); Widmar v. Vincent, 454 U.S. 263, 269, 102 S.Ct. 269, 70 L.Ed.2d 440 (1981). In Capitol Square Review and Advisory Bd. v. Pinette, 515 U.S. 753, 760, 115 S.Ct. 2440, 132 L.Ed.2d 650 (1995), the Supreme Court expounded: "[o]ur precedent establishes that private religious speech . . . is as fully protected under the Free Speech Clause as secular private expression." Id.; 515 U.S. 753, 115 S.Ct. 2440 (citations omitted). The First Amendment protects religious speech, including "religious proselytizing" and "acts of worship." Id. at 760-61; 115 S.Ct. 2440 (citations omitted). As neither party seriously contests this issue, the Court turns to an evaluation of the speech Policy implicated by Plaintiffs' allegations.
Once the Court has confirmed that the speech at issue is "protected speech" for purposes of Free Speech Clause analysis, the Court must look at the relevant forum and then, depending on the forum's classification, apply the relevant standard of Free Speech Clause review. See, e.g., Good News Club, 533 U.S. at 106, 121 S.Ct. 2093 (); Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37, 44, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983) (). Thus, the Court turns next to the identification of the relevant forum.
Identification of the forum requires that the Court consider (1) the government property on which access is sought and (2) the type of access sought. See Cornelius v. NAACP Legal Def. and Educ. Fund, Inc., 473 U.S. 788, 801, 105 S.Ct. 3439, 87 L.Ed.2d 567 (1985) ( ). Here, the government property at issue is the Center. The access sought is to use the Center as a meeting place for discussions about improving local schools, ensuring safety of students, helping local businesses, engaging in community service, and becoming better role models for local residents and their children, all from a Biblical perspective, in addition to singing religious songs, and praying about issues the residents faced. See Mr. Moore Decl. ¶¶ 6-7, 14.
The Supreme Court has espoused a tripartite forum-based framework to analyze First Amendment issues regarding governmentally owned property. The Supreme Court has identified three types of fora: (1) the traditional public forum; (2) nonpublic forum; and (3) public forum created by a government designation. Perry, 460 U.S. at 45-46, 103 S.Ct. 948.
Traditional public forums are places that "`by long tradition or by government fiat have been devoted to assembly or debate.'" Estiverne v. La. State Bar Ass'n, ...
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