Va. town says church school prohibited because disabled kids would ‘endanger’ other children

ADF attorneys file suit against city of Fredericksburg
Tuesday, May 24, 2011

FREDERICKSBURG, Va. — Alliance Defense Fund attorneys filed a federal lawsuit Monday against the city of Fredericksburg for its refusal to allow a church to begin a school program for mentally and emotionally challenged children despite a recommendation of approval by city planning officials. ADF attorneys say the city is violating federal laws geared expressly to avoid such a prohibition and that the city’s reasons for denial of a permit are baseless.

“Churches shouldn’t be singled out for discrimination, especially when attempting to expand their ministries to safely serve the needs of the community--in this case, disabled children,” said ADF Senior Legal Counsel Erik Stanley. “No disabled students would even be on campus at the same time as other students, and the church has the approval of planning officials because it has met all zoning requirements to run such a facility. There’s no legitimate reason for a denial, so the city’s stated reasons only serve to feed old stereotypes about the disabled.” the rest

The city of Fredericksburg Planning Commission recommended approval for the school program after a public hearing, but the city council denied a special-use permit on the basis of supposed safety concerns for other children attending the church’s daycare. The concerns were cited even though the church’s daycare children would only be in attendance during the early morning and afternoon--before and after the disabled students would be present. The city council also expressed concern that Fredericksburg was becoming “saturated” with facilities that provide services to the disabled.