Court Upholds Denial of Use Permit To Virginia Church

In Calvary Christian Center v. City of Fredericksburg, Virginia, 2011 U.S. Dist. LEXIS 134290 (ED VA, Nov. 21, 2011), a Virginia federal district court upheld the city of Fredericksburg's denial of a special use permit to Calvary Christian Center that wanted to lease space in its church to the operator of a private day school for disabled children. Rejecting plaintiff's free exercise and RLUIPA claims, the court said that "Calvary has not pled any facts demonstrating that the operation of the day school by a third party is a religious exercise." The court also rejected plaintiff's free speech claims, as well as its overbreadth and vagueness assertions. The Fredericsburg Free Lance-Star reports on the decision.