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Local Government Q&A Ancel Glink attorneys each month post a new question and answer on the website. Many of these questions have been edited and collected in a pamphlet in the Ancel Glink Library: 230 Questions that have Actual Answers. Set out below are a series of recent questions and answers. Test your knowledge of questions and answers about local governmental bodies with those listed below. Many of these questions are directed to municipalities, but others specifically deal with municipalities with some questions concern legal issues in the context of other governmental bodies. Many of these answers apply to all governments in Illinois.Click here to submit a question to Ancel Glink.
Municipal Q&A - July 2006
Must a municipality prohibit religious groups from using public facilities for meetings and announcements even though non-religious groups are permitted to do so?
ANSWER:
Where public bodies own property which can be made available for public meetings and events, it needs to make a preliminary decision as to whether it will lease or otherwise allow that property to be utilized for privately-sponsored events. The government has the ability to determine that meeting rooms and auditorium facilities will only be available for events that it sponsors or are sponsored by other governmental bodies. The rule is somewhat different for indoor and outdoor facilities, since generally public open spaces, such as parks, are considered public forums which open the government to a whole series of concepts meant to protect the First Amendment rights to public assembly and speech. The rule is the same, however, if the applicant seeks to actually rent the public space which is available for rentals for weddings or other planned events. Where the request is simply to stage a demonstration, to picket or to pass out literature in a public forum, the improvement is generally limited to "time, place, and manner" restrictions, since the event is an exercise of public speech rights.
With regard to facilities to rent, a public body can literally determine that it will not allow that space to be turned into a public forum. It can forbid all private use of the facility. It is best for all governmental bodies which wish to allow private meetings in public buildings to establish a careful policy regarding the terms of such use or rental and incorporating any lawful restrictions. There are a number of appellate court cases across the Country which deal with limitations put in place by governmental bodies. Some governmental rules allow rental by charitable of civic organizations, but seek to prevent the use by political or religious organizations. The courts have a great deal of difficulty with such requirements. An application by a religious group for the use of a Village facility for the "National Day of Prayer," illustrates the problem.
In that case, the Village of Oak Park denied the application on the grounds that this was to be a religious event. The Federal District Court overruled the Village and allowed the event to go forward. After the event had taken place, the Village returned to Federal Court asking that it overrule its prior decision because the evidence showed that the event not only talked about the benefit of prayer, but engaged in much prayer. The trial court reversed its decision and upheld the Village's rule. On appeal, the Seventh Circuit Court of Appeal said that, under these circumstances, the Village could not have denied the use of its facilities and the Village's rule had been improperly applied. The Court, however, said that, if this event had been not spiritual in nature, but was a full actual religious service, the municipality may have been within its rights in refusing the rental. Obviously, the Village could not pick and choose which religions it allowed to utilize the facility if it was prepared to, for example, offer the facility to a long established religion, but to refuse it to one which was controversial or newly organized.
Municipalities, school districts, park districts and other public bodies need to understand these concepts as well as they can be understood in a situation where courts themselves often stumble as they attempt to do a balancing act. Governments will face the same problem when they attempt to distinguish between meetings of the Civic League and the "Throw the Rascals Out" political party. The one comfort to governmental bodies which do wish to attempt to draw this difficult line is that, if the applicant does not accept their polite "no" and presents a letter with legal support for its position, the governmental body can, based upon the new information, reverse its position. Even if a lawsuit is filed and the governmental body changes its view early enough in the proceedings, the normal rule in federal civil rights cases, where the plaintiff's attorney's fees are paid, would not be applicable.
Previous Questions
May a local government body utilize video surveillance equipment to monitor the activities of its residents without first obtaining a warrant or providing notice to residents with a posted sign?
What are municipalities required to do to restructure firefighter pension boards in April 2006?
Does an arrest or conviction record bar hiring as a police officer or firefighter?
Are Local Governments Eligible
For Grants From Private Foundations?
What Does the New Bankruptcy Law Mean for Municipalities?
Can an Illinois governmental body either by ordinance or referendum provide for the recall of its elected officials?
Is it important for governmental bodies to obtain completion and payment bonds for public works projects?
Can a local government ban convicted sex offenders from use of public parks?
Business Development District Sales Tax:
A New Revenue Source for Municipalities
May a local government require a developer to pay the cost of review of development plans?
May a governmental body give money to a charitable or religious organization?
What is the new Illinois law regarding terms of office of elected public officials?
Are religious institutions entitled to special treatment in zoning cases?
What Must Municipal Officials Do To Comply With The New Federal and State Overtime Regulations?
What Must Municipal Officials Do To Comply With The New State Ethics Acts?
Can a special use or variance be granted only to a particular person for for a limited time?
Does charging a fee for private use of public property destroy its tax-exempt status?
Does the one-year tort statute of limitations always apply against governmental bodies?
Do fire protection district codes supercede municipal codes?
Are Courts Especially Hard On Governmental Bodies?
What Are the New Rules About Recording Closed Meetings?
What Does a Municipality Need to Know About Extending
Utility Lines?
Are Courts Especially Hard On Governmental Bodies?
How Can You Achieve Flexibilty in
Health Care Coverages in a Collective Bargaining Agreement?
Are political discussions subject to the Open Meetings Act?
What can be done about IMRF Overfunding?
How can a municipality regulate wireless internet service providers?
How can governments counter unionization?
Where can I find an outline of zoning and planning issues?
How are closed session Minutes taken, approved and reviewed?
Will insurance companies and governmental pools cover claims
for "regulatory takings?"
Who gets to choose the municipal attorney?
How are the Open Meetings Act and FOIA impacted by municipal
elections?
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