Initial Win For Church In Lawsuit Challenging Differential Fee Schedule

In Canyon Ridge Baptist Church v. City of San Diego, (SD Cal., May 12, 2006), a California federal district court refused to dismiss a claim brought by a church group challenging the charging of higher fees for it to use the Kearney Mesa Recreation Center than for comparable secular groups. (See prior posting.) The court permitted plaintiffs to move ahead with claims under the U.S. and California constitutions alleging free speech, equal protection, due process, free exercise and establishment clause violations. Lawyers for the Alliance Defense Fund that represented Canyon Ridge Church (news release) will argue in court today for the issuance of a preliminary injunction.