The Elkhart, Indiana Truth - Church Rights Being Argued - Action by Parks Board May Be Unconstitutional
October 29, 2006
By Bridget Levitz, Truth Staff
ELKHART -- A national civil liberties and rights group has its eye on Elkhart -- and it's coming to the aid of a local church.
After the Elkhart Park and Recreation Board denied True Vine Tabernacle use of a city park over the summer, the church took the situation to the American Center for Law and Justice, based in Washington D.C.
"I think there has clearly been unconstitutional action taken by the board," Geoffrey Surtees, associate counsel for ACLJ, said Friday. "True Vine Tabernacle's First Amendment rights have been violated."
True Vine, formerly Rosedale Mennonite Church, came to the park board requesting Sycamore Street's Langle Park in July. Church members planned to go door-to-door in the surrounding neighborhood to invite residents to a service.
Conrad Hochstetler, event coordinator for the Mennonite-affiliated church, told the board True Vine had picked the area because it is "notorious for drug activity." He called the purpose of the event "evangelistic outreach."
The park board denied the request because it was uncomfortable with proselytizing occurring in city parks.
Churches have been able to use park band shells for musical performances and rent park pavilions for services, said Director of Parks and Cultural Resources Bob Edel. It wasn't the content but the manner of True Vine's event that worried the board.
"Their concern was allowing a group to come in and preach or try to convert people," Edel said.
"The pope could come here, and I would turn him down," Bob Minichillo said at the time of the original request. "When you start to evangelize, saving souls, etc. and it's done publicly -- it's not going to happen in the park."
To avoid a lawsuit, True Vine and ACLJ asked the board for a number of assurances. City Attorney Larry Meteiver brought those requests to the board at its meeting Tuesday.
Among them is a proposed resolution to forbid the board from denying any religious group use of city parks "based solely on the religious content of the speech or activity by the religious group, association, or individual."
Also requested is a written apology to True Vine and that the board be "schooled on the Constitution," said Hochstetler.
"If nothing happens this is going to become a big deal," he said, adding ACLJ is excited to help the church in this situation.
On Friday, Surtees called the board's action "rank Constitutional behavior." If it goes to trial, True Vine has an excellent chance to win, he says. The Elkhart church wouldn't be charged for ACLJ's legal services.
"I hope that the board of parks and recreation takes a close look at the law and reconsiders its position," Surtees said.
Meteiver says he's comfortable with the board decision because the First Amendment takes into consideration time, place and manner.
"Restrictions can be imposed if there's a reason for that restriction," he said.
Meteiver is scheduling an executive session with the board early this week to discuss the matter.
"Litigation is always a possibility, especially if the party feels they were wronged," he said.
Minichillo said Thursday he will vote against the suggested resolution. His feelings represent many people in the community in thinking "that you don't do those things in public parks," he said.
Board member Jackie Hughes said Friday the board isn't trying to be argumentative, but that parks are places of recreation. Heidi Linder, Carol McDowell's replacement on the board, said she will trust the other board members to educate her about any board precedent on these matters. Board President Betty Kegerreis wasn't able to be reached for comment.
By Bridget Levitz, Truth Staff
ELKHART -- A national civil liberties and rights group has its eye on Elkhart -- and it's coming to the aid of a local church.
After the Elkhart Park and Recreation Board denied True Vine Tabernacle use of a city park over the summer, the church took the situation to the American Center for Law and Justice, based in Washington D.C.
"I think there has clearly been unconstitutional action taken by the board," Geoffrey Surtees, associate counsel for ACLJ, said Friday. "True Vine Tabernacle's First Amendment rights have been violated."
True Vine, formerly Rosedale Mennonite Church, came to the park board requesting Sycamore Street's Langle Park in July. Church members planned to go door-to-door in the surrounding neighborhood to invite residents to a service.
Conrad Hochstetler, event coordinator for the Mennonite-affiliated church, told the board True Vine had picked the area because it is "notorious for drug activity." He called the purpose of the event "evangelistic outreach."
The park board denied the request because it was uncomfortable with proselytizing occurring in city parks.
Churches have been able to use park band shells for musical performances and rent park pavilions for services, said Director of Parks and Cultural Resources Bob Edel. It wasn't the content but the manner of True Vine's event that worried the board.
"Their concern was allowing a group to come in and preach or try to convert people," Edel said.
"The pope could come here, and I would turn him down," Bob Minichillo said at the time of the original request. "When you start to evangelize, saving souls, etc. and it's done publicly -- it's not going to happen in the park."
To avoid a lawsuit, True Vine and ACLJ asked the board for a number of assurances. City Attorney Larry Meteiver brought those requests to the board at its meeting Tuesday.
Among them is a proposed resolution to forbid the board from denying any religious group use of city parks "based solely on the religious content of the speech or activity by the religious group, association, or individual."
Also requested is a written apology to True Vine and that the board be "schooled on the Constitution," said Hochstetler.
"If nothing happens this is going to become a big deal," he said, adding ACLJ is excited to help the church in this situation.
On Friday, Surtees called the board's action "rank Constitutional behavior." If it goes to trial, True Vine has an excellent chance to win, he says. The Elkhart church wouldn't be charged for ACLJ's legal services.
"I hope that the board of parks and recreation takes a close look at the law and reconsiders its position," Surtees said.
Meteiver says he's comfortable with the board decision because the First Amendment takes into consideration time, place and manner.
"Restrictions can be imposed if there's a reason for that restriction," he said.
Meteiver is scheduling an executive session with the board early this week to discuss the matter.
"Litigation is always a possibility, especially if the party feels they were wronged," he said.
Minichillo said Thursday he will vote against the suggested resolution. His feelings represent many people in the community in thinking "that you don't do those things in public parks," he said.
Board member Jackie Hughes said Friday the board isn't trying to be argumentative, but that parks are places of recreation. Heidi Linder, Carol McDowell's replacement on the board, said she will trust the other board members to educate her about any board precedent on these matters. Board President Betty Kegerreis wasn't able to be reached for comment.