San Diego, USA – Two San Diego court employees are suing the Superior Court because they say they have been prohibited from holding a lunch hour Bible study in the courthouse.
The federal civil rights suit claims court officials unfairly denied the group's request to meet in an empty courtroom or jury deliberation room.
The Bible study group had met in the courthouse regularly since 2000, but in April 2006, the suit said, court officials banned the meeting, saying it violated court policy.
Mindy Barlow, one of two plaintiffs in the case, said in a brief news conference outside the courthouse Tuesday that the lawsuit isn't about money.
“It's not about personal compensation. I have the utmost, deepest respect for the administration. I've had a wonderful working relationship with them for years,” Barlow said. “I'm simply asking the judicial system to allow my co-members of our Bible study to meet as we are constitutionally guaranteed to meet.”
“We are reviewing the complaint and will be responding as appropriate,” Michael Roddy, the court's executive officer, said in a prepared response. “We believe that we have a sound policy in place to evaluate requests for use of court facilities from individuals, groups or agencies. We otherwise do not have any specific comments at this time.”
Barlow, an official court reporter at the courthouse since 2000, said the group was verbally given permission to meet for Bible study once a week when it first started its meetings.
It wasn't until last spring that the group of about 10 people was abruptly told that its members – including courthouse employees and non-employees – were no longer permitted to meet in the courthouse, Barlow said.
The suit, filed by lawyers with the national religious liberties law firm Advocates for Faith and Freedom, claims that it was only after Barlow asked to see the court's policy that the court adopted a written policy on the use of court facilities by outside groups in November 2006.
When the Bible study group applied to use a courtroom under that policy, its request was rejected. Court officials first said the request was denied because allowing the group to meet would violate the constitutional separation of church and state, according to the suit.
Jennifer L. Monk, an attorney with Advocates of Faith and Freedom, said that argument was not valid because other government buildings are meeting sites for Bible study.
“It is inconsistent to even suggest that this Bible study would violate the separation of church and state as currently in the White House staffers use government buildings, owned and operated by the government, in order to hold Bible study and no issue has been raised there,” Monk said.
Court officials later changed their reasoning. In a letter sent to one of the plaintiffs in March, the court said the group could not meet in the courthouse because “the premises of the court are not public,” the suit said.
Also, the court said, the Bible group does not “advance the administration of justice.” That was one of the factors listed in the November 2006 new written policy governing the use of court facilities.
The suit contends the court allows other groups, such as Weight Watchers and the Eagle Scouts, to use court facilities for meetings.
Robert H. Tyler, attorney for Advocates For Faith and Freedom, said the plaintiffs don't know what prompted the change in policy.
“It may be a complete misunderstanding (of the law) but if we have to sue the Superior Court of San Diego to bring proper understanding, we'll do that,” Tyler said.
For the time being, the group is allowed to meet in Barlow's private office in the courthouse, which Tyler said isn't big enough.
The group is prepared to continue with the lawsuit unless the Superior Court decides to allow Barlow and the others resume their meetings.
If that happens, Tyler said, “the suit will be dropped.”
The other plaintiff is Dahlia Smith, also a court reporter.