Feb 21 (Reuters) - A federal appeals court drastically
limited a New York judge's order allowing church groups to
continue to hold religious services inside New York City public
schools.
The decision, which was issued Friday evening by a
three-judge panel at the 2nd U.S. Circuit Court of Appeals, said
a temporary restraining order by U.S. District Judge Loretta
Preska only applied to one church group, instead of the many who
have been fighting the city law that prohibits using school
buildings for worship.
The appeals court panel issued its decision one day after
Preska's order, following an emergency appeal by the city.
"We call to the district court's attention an appearance of
overbreadth of its order," the appeals court decision said,
narrowing Preska's injunction to apply only to the Bronx
Household of Faith, which has been locked in a 16-year legal
battle with the city over the law.
Preska's order, narrowed by the appeals panel, allows the
Bronx church to continue to hold religious services inside a
public school for at least 5 more days.
The Bronx Household of Faith had argued that the city
regulation violated its constitutional right to exercise
religion free from governmental interference.
In staying the regulation, Judge Preska said that the church
had demonstrated "irreparable harm and a likelihood of success
on the merits."
Preska's order came just eight months after the 2nd Circuit
rejected the church's argument that the city's regulation
impinged on its right to free speech.
The same judges who took up the issue then, John Walker,
Pierre Leval and Guido Calabresi, also issued the Friday order.
The litigation over whether houses of worship should be
allowed to hold services in schools began in the mid-1990s, when
the church filed its first lawsuit against the city.
The city's rules allow groups to use school buildings during
non-school hours for religious instruction, but not for worship.
The provision that allows religious instruction was added to
the law following a 2001 Supreme Court decision in Good News
Club v. Milford Central School, which invalidated a similar New
York law that was deemed overly broad.
Preska had most recently ruled in favor of the church in
2007, when she issued a preliminary injunction stopping the city
from enforcing the rule.
The cases are The Bronx Household of Faith v. Board of
Education of the City of New York et al., U.S. District Court
for the Southern District of New York, No. 01-8598 and In Re:
Board of Education of the City of New York, No 12-605, 2nd U.S.
Circuit Court of Appeals in New York.
For the church: Jordan Lorence, Benjamin Bull and Joseph
Infranco of the Alliance Defense Fund
For the city: Jonathan Pines of the New York City Law
Department
(Reporting by Basil Katz and Joseph Ax)
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