Suit Challenges City's Transfer of Property To Catholic High School For Athletic Complex

Americans United announced yesterday that it, along with the ACLU of Indiana, has filed a lawsuit in federal district court challenging plans of the South Bend (IN) Common Council to use $1.2 million in economic development funds to purchase property that was the site of a retail store, tear down the building on it, and transfer it for $1 to the Catholic Diocese so St. Joseph's High School can use the property for part of its new $35 million football stadium and athletic complex. The complaint (full text) in Wirtz v. City of South Bend, Indiana, (ND IN, filed 8/16/2011), alleges that the property transfer violates the Establishment Clause, as well as Art. I., Secs. 4 and 6 of the Indiana constitution.  According to the complaint, while the Diocese intends to permit the football stadium to be used by the city or by public schools, this will be limited to times when it is not being used by St. Joseph's teams, and the Diocese may charge others for use of the stadium. (See prior related posting.)