Challenge To Court Use for Bible Study Survives Motion To Dismiss

In Barlow v. Superior Court of California, 2008 U.S. Dist. LEXIS 66668 (SD CA, Aug. 28, 2008), several court employees in San Diego sued to challenge the denial of their request to use an open jury room or court room for their weekly lunch-time Bible study meeting. They alleged that the denial amounted to discrimination based on the religious content or viewpoint of their speech. The court denied defendants' motion to dismiss, holding that it had insufficient evidence to determine whether the facilities had become a "designated public forum" for purposes of First Amendment analysis.