Judge Preska Rules in Favor of Bronx Household of Faith, November 17, 2005
Federal Judge Loretta Preska granted The Bronx Household of Faith's request that the temporary injunction allowing it to rent the public schools for worship, be made permanent. Following the precedent established in Good News vs. Central Milford School District, in 2001, where the U.S. Supreme Court disallowed the school district from forbidding a Good News club to meet in the school after hours, Judge Preska argued that the New York City school board's regulation forbidding churches from renting the public schools after hours for worship services, amounted to viewpoint discrimination which is a violation the free speech provision in the First Amendment. We are praising God for this victory. Please continue to pray as the City of New York is appealing the decision.
We finally heard from the U.S. Court of Appeals for the Second Circuit. Their decision was to not decide. Two of the three judges rendered a decision, one for and one against. The third judge determined that our case was not “ripe” for adjudication because of a change in the school board policy as a result of our meeting in the public school. Consequently, our case is being sent back down to the Federal District Court to determine the constitutionality of the new regulation.
Both sides, ironically, agree on one thing. We’re frustrated. The Court of Appeals could have, and should have, rendered a decision. What this means is that we will be able to rent the school for the foreseeable future. But it looks as if we will have go back to square one and begin the legal process all over again starting with the Federal District Court.
we desire to be the community of God's people
