{"id":48,"date":"2008-09-12T13:44:17","date_gmt":"2008-09-12T13:44:17","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2008\/09\/jury-verdict-religious-discrim.html"},"modified":"2008-09-12T13:44:17","modified_gmt":"2008-09-12T13:44:17","slug":"jury-verdict-religious-discrim","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2008\/09\/jury-verdict-religious-discrim.html","title":{"rendered":"Jury Verdict: Religious Discrimination Won’t Be Tolerated"},"content":{"rendered":"

Metro Nashville, Tennessee has discovered a valuable lesson:  <\/span>Religious discrimination is a serious charge and one that can be very costly.<\/font><\/p>\n

 <\/font><\/p>\n

We represented Teen Challenge, a Christian-based organization that provides assistance to young people dealing with addiction.  <\/span>The organization wanted to build a facility on 13 acres of land it purchased in the Nashville area.  <\/span>Government officials initially approved the zoning request – then revoked approval and enacted an ordinance specifically targeting and discriminating against Teen Challenge.  <\/span>Since Teen Challenge could no longer use the 13 acres for its intended purposes, the ministry auctioned off the property.<\/font><\/p>\n

 <\/font><\/p>\n

We filed suit in federal court in June 2007 against the Metropolitan Government of Nashville and Davidson County.  <\/span>And, after a two-day trial this week in Nashville, the jury found that government officials violated the Equal Protection Clause of the U.S. Constitution, the Fair Housing Act, and the Americans With Disabilities Act.  <\/span>And the jury awarded Teen Challenge damages totaling $967,995.<\/font><\/p>\n

 <\/font><\/p>\n

In an interview<\/a> with the Nashville City Paper, <\/font>Teen Challenge Nashville Executive Director Norma Calhoun told the reporter:  <\/span>“It’s a new day for us.” Calhoun added that Teen Challenge would now look to buy another piece of property for a new facility.<\/font><\/p>\n

 <\/font><\/p>\n

The councilman who proposed the discriminatory legislation shutting out Teen Challenge in the first place is Metro Councilman Rip Ryman.  <\/span>He told<\/a> the Tennessean newspaper <\/font> that he wasn’t surprised by the verdict.  <\/span>But he said he didn’t regret taking action to keep Teen Challenge out of his district as he was seeking re-election last year.  <\/span>“I thought it was the right thing to do,” Ryman told the newspaper. “It was what everybody out here wanted. When you’re running for office, you’ve got to listen to your constituents.”<\/font><\/p>\n

 <\/font><\/p>\n

The problem with Ryman’s logic is that it violated the Equal Protection Clause of the U.S. Constitution, the Fair Housing Act, and the Americans With Disabilities Act.  <\/span>And it will cost taxpayers nearly one-million dollars in damages.<\/font><\/p>\n

 <\/font><\/p>\n

And as the Nashville City Paper reported<\/a>, <\/font>the discriminatory action taken by Metro Nashville still has the attention of the federal government.<\/font><\/p>\n

 <\/font><\/p>\n

 <\/font><\/p>\n

The paper reported: <\/font><\/p>\n

 <\/font><\/p>\n

The U.S. Department of Justice also took notice of Teen Challenge’s case and earlier this year initiated an investigation into Metro’s land use policies. That investigation is still pending, although indications were that the DOJ was keeping tabs on the civil suit before it reached a decision.<\/font><\/p>\n

 <\/font><\/p>\n

As a good-faith effort to the DOJ and at the urging of Director of Law Sue Cain, Metro Council in July repealed the zoning change that prompted the lawsuit.<\/font><\/p>\n

 <\/font><\/p>\n

But attorney Larry Crain, who represented Teen Challenge in the case, said the zoning change reversal was too little, too late.<\/font><\/p>\n

 <\/font><\/p>\n

“For 17 months, this organization was effectively banned from occupying property in Davidson County,” Crain said. “Only six weeks ago were they allowed to begin again the search for a home that they had already bought.”<\/font><\/p>\n

 <\/font><\/p>\n

 <\/font><\/p>\n

The fact is that this is an incredible victory for Teen Challenge and for the rights of religious organizations.  <\/span>This jury verdict sends a powerful message that religious discrimination by government officials simply won’t be tolerated.  <\/span>And the damage award also sends a message that there’s a hefty price to pay for those who discriminate against religious organizations.  <\/span><\/font><\/font><\/font><\/p>\n

 <\/font><\/p>\n

We’re delighted with the outcome of this case and are pleased that the mission and work of Teen Challenge can now move forward.<\/font><\/p>\n

 <\/font><\/p>\n

 <\/font><\/p>\n","protected":false},"excerpt":{"rendered":"

Metro Nashville, Tennessee has discovered a valuable lesson:  Religious discrimination is a serious charge and one that can be very costly.   We represented Teen Challenge, a Christian-based organization that provides assistance to young people dealing with addiction.  The organization wanted to build a facility on 13 acres of land it purchased in the Nashville…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-48","post","type-post","status-publish","format-standard","hentry","category-courts"],"yoast_head":"\nJury Verdict: Religious Discrimination Won't Be Tolerated - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. Sekulow serves as a member of the Board of Trustees for The Supreme Court Historical Society in Washington, DC.","url":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/author\/jsekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/48","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/users\/163"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/comments?post=48"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/48\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/media?parent=48"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/categories?post=48"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/tags?post=48"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}