Wednesday, April 04, 2007

Church Loses Challenge To Health Inspectors' Visits

In Youngblood v. Florida Department of Health, (11th Cir., March 28, 2007), the U.S. 11th Circuit Court of Appeals rejected a civil rights claim against the Florida Department of Health brought by the First Conservative Baptist Church, its minister and a Christian school it operates. Health officials insisted on inspecting the classrooms and playground of the school, housed on the church’s premises. The court held that the First Amendment was not violated by this attempt to enforce a neutral regulatory statute of general application, and that the Florida Religious Freedom Restoration Act was not violated because there was no showing of a substantial burden on free exercise rights. The court also rejected equal protection, due process and conspiracy claims.