VICTORY: ACLJ Secures Win After Sending Demand Letter to Another Senior Living Facility Restricting Bible Studies in Violation of Federal Law

The ACLJ stepped in to take action on behalf of another resident of a senior living facility. Yet again, a federally funded facility has misunderstood the Fair Housing Act (FHA). In this case, our client had been prevented from leading a Bible study in the facility’s larger community room, which is used for other resident-led events, including other religious services. These actions violated our client’s equal access rights.

In March, our client arranged to host a Bible study in one of the facility’s larger gathering rooms. Soon after she began holding her Bible study, a measure was passed at a resident meeting to restrict religious meetings to a specific smaller gathering room unless an accommodation was obtained. Additionally, the measure prevented residents from posting religious flyers, posters, Scriptures, or devotions on the walls or bulletin boards. Religious materials were the only ones to receive this specific targeting.

When our client attempted to use the larger room for her Bible study, she was told by a facility manager that these restrictions were justified since the facility received state funds and could not risk offending other residents by allowing religious events in the larger room. Despite this “justification,” the facility continued to allow other religious activities, such as a Lutheran service and Communion services, in the larger room while singling out our client for discrimination.

Federally funded facilities cannot continue to hide behind a false interpretation of the FHA while discriminating against religious activities. The FHA protects the free exercise of religion in the private and public housing markets and makes it unlawful “[t]o discriminate against any person . . . in the provision of services or facilities . . . because of . . . religion . . . .” 42 U.S.C. § 3604(b). The FHA gives our client equal access rights to the facilities in order to host her religious activities and post her materials.

The manager of the facility seems to have misinterpreted a U.S. Department of Housing and Urban Development (HUD) rule that limits federal funds from being used for religious purposes and believes that this discrimination is necessary to restrict religious activities. However, as we explained in our letter, the manager of the facility is mistaken in believing that those prohibitions apply to our client’s Bible study as the Bible study is not a facility event and not a federally funded program. Indeed, our client’s Bible study is a private religious activity hosted by a resident and thus protected by equal access.

As we pointed out in our letter, the Department of Justice states that equal access in housing facilities specifically includes the ability to “reserve[] a common room for a prayer meeting when the room may be reserved for various comparable secular uses.” If a resident has a right to reserve a room for a prayer meeting or non-religious use, such as a card game, then they have a right to reserve a room for a Bible study. It is discrimination to restrict the Bible study to a certain room while allowing other resident-led secular and religious activities to take place in other rooms in the facility.

Just as we have acted in Missouri and Texas, the ACLJ sent a letter to the Nebraska facility demanding that our client’s rights be respected. We’ve had nearly a dozen of these kinds of cases in the last year, and each time they have been resolved with a demand letter.

After receiving our letter, the Nebraska facility responded, assuring us that our client is welcome to host her Bible study in the preferred community room, and is able to post advertising fliers about her Bible study.

We will continue to fight for the rights of our clients rights, along with the rights of others around the country. Senior citizens deserve the right to live and practice their faith in peace. To learn more about your rights in this area, please visit our Know Your Rights page on this issue. If you are experiencing similar religious discrimination, please contact us at ACLJ.org/HELP.