Saturday, March 06, 2010

Taxpayer Lacks Standing To Challenge Church's Use of School; Parent May Have Standing

In Henley v. Cleveland Board of Education, 2010 U.S. Dist. LEXIS 18892 (ND OH, March 3, 2010), an Ohio federal district court held that a local taxpayer lacks standing to bring an Establishment Clause challenge to the practice of a local high school in permitting a church to use the school building for its weekly religious services. The court held that it was unable at this stage of the litigation to determine whether or not a second plaintiff, the mother of a school child, had alleged sufficient injury to her child under the Establishment Clause to have standing.

UPDATE: In Henley v. Cleveland Board of Education, 2010 U.S. Dist. LEXIS 21876 (March 10, 2010), the court denied a motion for reconsideration.