An unusual First Amendment dispute simmering in the nation's capital was covered last week by the Washington Times. Sunday churchgoers regularly ignore the law banning double parking, and D.C. police historically have not been issuing tickets. Now new neighbors are often complaining that their cars are being blocked. In response, the city originally announced that it would begin enforcing the parking rules. However after 1000 clergy and parishioners protested a week ago, the mayor decided to appoint a task force of residents, city officials and church and community leaders to discuss solutions to the problem. Some church members claim that the city is trying to push churches out of the District.
These kinds of parking issues pose intriguing legal questions under exiting First Amendment jurisprudence. The Becket Fund has called attention to the issue in its e-update this week. Its Legal Counsel, Jered Leland, says that enforcement of the double parking law is unconstitutional because it places an unfair burden on religious institutions. Others however claim that the city's non-enforcement policy is illegal because it gives a preference to churches.
If one begins to examine the issue closely, policies in other cities could also be implicated. New York City has an elaborate policy on suspension of alternate side parking regulations. It has identified 34 holidays, many of them religious, on which it suspends the rules that are designed to facilitate traffic flow and street cleaning. Last year, some controversy was generated when New York City Council added the Hindu holiday of Diwali to the list of days on which parking restrictions were eased. If it were not to suspend these rules, it would pose substantial religious burdens on at least some faiths. Observant Jews are precluded from driving cars on many holidays. Enforcing the parking rules would force them to move their autos in violation of Jewish law.
