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Establishment Clause Challenge To Homeless Shelter Lease and Sale Moves Ahead

By Howard M. Friedman

In Community House, Inc. v. City of Boise, 2009 U.S. Dist. LEXIS 65958 (D ID, July 29, 2009), an Idaho federal district court refused to grant defendants summary judgment and allowed plaintiffs to move ahead on their Establishment Clause challenge to the city of Boise's lease and eventual sale of a homeless shelter to Boise Rescue Mission. The court also permitted a challenge under Idaho's constitution to move ahead. Among other violations alleged in the lawsuit was religious discrimination in violation of the federal Fair Housing Act. However the court concluded that nothing had been presented by plaintiff to support the allegation. The decision dealt with a number of other discrimination claims as well growing out of the lease and sale. A preliminary injunction had already been granted during the lease and before the sale involved in the case. (See prior related posting.)

Full post as published by Religion Clause on August 02, 2009 (boomark / email).