Porta v. Klaghotz
Sep 04, 1998OUTCOME: Establishment Clause Upheld
CASE SUMMARY by Lexis PROCEDURAL POSTURE: Plaintiff citizen challenged the operation of defendant two charter schools which held classes in church buildings, in space leased from those churches, and ... alleged that defendants, state and local public educational authorities, violated the Establishment Clause of the First Amendment of the U.S. Constitution. OVERVIEW: Plaintiff citizen brought suit against defendants, state and local public educational authorities, and defendants, two charter schools which held classes in church buildings, in space leased from those churches. Citizen alleged violations of the Establishment Clause of U.S. Const. amend. I. Citizen had not demonstrated that the leasing of space by a public charter school in a church facility was a per se violation of the Establishment Clause. Citizen also failed to show that the lease arrangement between defendant charter school and the church that it leased space from, violated the Establishment Clause. This lease arrangement did not result in government indoctrination of religious beliefs, it did not define its recipient by reference to religion, nor did it create an excessive entanglement between church and state. The court held, therefore, that it did not violate the Establishment Clause for this public charter school to operate within a religious building pursuant to a standard commercial lease under the circumstances. Claims against the other defendant charter school were dismissed as moot because the school was no longer holding classes in a church building. OUTCOME: The court denied plaintiff citizen's claims for declaratory and injunctive relief against operation of defendant charter school and dismissed citizen's claims regarding the other defendant charter school as moot. Citizen's claim for a declaratory judgment that operating a public charter school inside a church was a violation of the Establishment Clause was denied for lack of justiciability.
