ACLU Survives Summary Judgment In Establishment Clause Suit Against Minnesota Charter School

In ACLU of Minnesota v. Tarek ibn Ziyad Academy, (D MN, April 20, 2011), a Minnesota federal district court rejected defendants' motion for summary judgment in the ACLU's Establishment Clause challenge to a state funded charter school. The court held:

Viewing the record in the light most favorable to Plaintiff, the Court determines that a reasonable juror could conclude that TiZA’s practices establish a pervasively sectarian atmosphere for the purpose of promoting Islam. In particular, a reasonable juror could conclude that TiZA was founded specifically to create a religious school and that elements of its operation have the primary principal effect of advancing the religion of Islam. Accordingly, the Court denies TiZA Defendants’ motion for summary judgment on Plaintiff’s Establishment Clause claims.

In the course of its opinion, the court also held that the Minnesota ACLU could bring the lawsuit despite its failure to make make required corporate filings in a timely manner; and that private parties have a right to assert challenges under the Establishment Clause of the Minnesota constitution. The court rejected various other challenges by defendants to the relief sought, holding in part that plaintiff can seek a refund to the state of a portion of state aid given to the school. Finally the court dismissed certain individual capacity claims and granted cross claims for indemnification by the Minnesota Commissioner of Education and the school; sponsoring organization. The St. Paul Pioneer Press reports on the decision. (See prior related posting.)