February 8, 2005

(Boston, MA) – The American Center for Law and Justice, focusing on constitutional law, announced today it has reached a settlement agreement with the City of Peabody, Massachusetts on behalf of two religious organizations – clearing the way for the organizations to utilize school facilities.  The settlement comes after a federal lawsuit was filed against the city after the organizations were told they could no longer use school facilities.

“This is an important victory for our clients and the constitution,” said Vincent P. McCarthy, Senior Counsel of the ACLJ, which is representing the religious organizations.  “We are pleased that the city has agreed to permit these organizations to use its facilities on the same terms and conditions as other community organizations.”

The ACLJ filed a federal lawsuit in November 2004 in Boston on behalf of the Living Hope Church of the Nazarene and Beverly Church of the Nazarene – two ministries primarily located in Beverly, MA.        

The complaint contended that the Beverly Church of the Nazarene wanted to expand services to the City of Peabody through a new ministry, Living Hope Church of the Nazarene. 

Church officials contracted with the Peabody Public Schools Committee to utilize the Brown School in Peabody – on Sundays – from February through June of 2004.  After meeting at the school for months, church officials wanted to continue to use facilities from September 2004 through June 2005 and asked the school committee for permission to do so.  However, despite the Church’s continuous use of the school facilities, a new administration denied Living Hope’s application.  According to the suit, school officials rejected the request saying the church could no longer use the school because such use was unconstitutional and a violation of the separation of church and state.
               
In a settlement agreement approved by the ACLJ, the city and the federal court, the city has agreed to permit the church to use a school facility under the same terms and conditions afforded to other outside groups under the Community Use of School Facilities Policy.  Further, the city agrees to pay damages to the church and legal fees to the ACLJ.

Under a temporary agreement reached in mid December, the church was permitted to begin using school facilities once again.  The permanent agreement now in place ensures that the church will continue to have access to school facilities.  The agreement also brings an end to the lawsuit brought against the City of Peabody, the Mayor and Chairman of the Public Schools Committee.

The American Center for Law and Justice, specializing in constitutional law, is based in Washington, D.C.