Suit Challenges Denial of Zoning Permit For Special Needs School In Church Building

A church in Fredericksburg, Virginia on Monday filed a lawsuit against the city challenging City Council's denial of a special use permit that would allow the church to operate a private school for special needs children in the church's facility. The complaint (full text) in Calvary Christian Center v. City of Fredericksburg, Virginia, (ED VA, filed 5/23/2011), alleges that the only reasons given by the city for denying the permit were discriminatory and stereotypical safety concerns for day care students in the same building as mentally and emotionally challenged children. The suit alleges violations of RLUIPA, the free exercise and free speech clauses of the 1st Amendment, the ADA and the Rehabilitation Act. Alliance Defense Fund issued a press release announcing the filing of the lawsuit.