PA School Loses Charter Appeal Over Church Entanglements

Written by Don Byrd
Nearly three years ago, the school board of Pocono Mountain, Pennsylvania voted to rescind the license of the Pocono Mountain Charter School. The decision followed an investigation that revealed the school was sending taxpayer money to a church run by the head of the school, Dennis Bloom. The appeal of that revocation has taken years to complete, (during which time Reverend Bloom pled guilty to tax evasion charges), but today the State’s Charter Appeal Board voted 7-0 to revoke the school’s charter.

3rd Circuit: For-Profit, Secular Corporations Cannot Exercise Religion

Written by Don Byrd
The latest development in the court battles over the contraception mandate is an important one. The Third Circuit, affirming the trial court’s refusal to bar enforcement of the mandate against Conestoga Wood Specialties Corporation, has ruled that a for-profit, secular corporation like Conestoga cannot exercise religion, and thus is not covered by the Religious Freedom Restoration Act.

Employers Pay for Failure to Accommodate Religion of Employees

Written by Don Byrd
The EEOC announced settlement recently in two religious freedom lawsuits against employers who failed to reasonably accommodate employees. In Nags Head, North Carolina, a hotel will pay $45,000 and institute new training and policies regarding religious discrimination. The employee in the case was required to work on the Sabbath despite her requests not to be scheduled at that time.

Church of Love and Music Seeks Jury Vindication

Written by Don Byrd
The Universal Church of Love and Music takes its case to a jury this week. Its 147-acre property was the site of numerous outdoor concerts and funk festivals, to the dismay of Fayette County officials who argue the use violates zoning regulations and was a haven for drug use. The church, they contend, does not reflect sincerely held religious beliefs, but rather was a fraudulent attempt to circumvent the zoning statutes. (You may remember the controversy over the religion of the Church of Love and Music featured in a segment on the Daily Show.)

3rd Circuit: Elementary Student Has Free Speech Right to Distribute Religious Flier

Written by Don Byrd
When a fifth-grader in Pocono Mountain, California tried to distribute fliers to classmates inviting them to a Christmas party at her church, the school superintendent denied the request, citing a policy that gave him authority to decline to send home non-school events or organizations. Her parents filed suit claiming a violation of First Amendment rights.

Today, the 3rd Circuit affirmed the trial court’s holding (pdf) that the student may not be barred from distributing material so long as there is no “specific and significant fear of disruption.”