A Church Victory

On May 1, 2008, we sent a demand letter on behalf of our clients, Pastor Neville OMeally and Living Stone Christian Ministries (LSCM), to Henry County Schools (HCS) seeking equal access to their general school facilities.  We received a favorable response within an hour of faxing our demand letter!

The HCS General School Facility Policy (GSF Policy) discriminated against religious organizations generally, as well as between religious organizations.  The GSF Policy imposed a twelve-month rental limitation on religious non-profit groups only.  Additionally, the GSF Policy also required churches seeking access to show 1) proof of property ownership and 2) proof that construction of their own facility would commence within six months.  HCS did not impose these additional limitations on any other non-school group.

Living Stone Christian Ministries, a Georgia Non-Profit Corporation located in Henry County, GA, is a small church, consisting of approximately thirty (30) members.  Because the Church is new, LSCM does not currently own property or have plans to build a church facility in the near future.  As such, LSCM sought temporary access to HCSs general facilities for Wednesday and Sunday worship services while considering their options for a more permanent location.  Pastor OMeally inquired about HCSs general school facilities on April 14, 2008, but HCSs Administrative Service Department refused his application.  Pastor OMeally reviewed their policy and attempted to explain to the Administrator that the GSF Policy discriminated against religious organizations as well as against those that do not own property.  The Administrator merely directed Pastor OMeally to discuss the matter with the Superintendents office. 

We sent a demand letter explaining the facial invalidity of the GSF Policy to HCSs attorney, and we received a favorable response within an hour.  HCSs attorney explained that they are in the process of reviewing their policies; and although the final policy will not be available until June or July, HCS will give Pastor OMeally and LSCM access now.  We were assured by HCSs attorney that the new policies will treat all non-school organizations equally. 

Pastor OMeally is very pleased with the outcome.