DeBoer v. Village of Oak Park

53 F. Supp. 2d 982, 1999 U.S. Dist. LEXIS 2121, 1999 WL 414365
CourtDistrict Court, N.D. Illinois
DecidedFebruary 18, 1999
Docket98 C 2437
StatusPublished
Cited by2 cases

This text of 53 F. Supp. 2d 982 (DeBoer v. Village of Oak Park) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeBoer v. Village of Oak Park, 53 F. Supp. 2d 982, 1999 U.S. Dist. LEXIS 2121, 1999 WL 414365 (N.D. Ill. 1999).

Opinion

MEMORANDUM OPINION AND ORDER

ASPEN, Chief Judge.

In this action, plaintiffs — all residents of the Village of Oak Park who are active participants in the National Day of Prayer (“NDP”) meetings there — challenge Oak Park’s “Village Hall Use Policy,” claiming it violates the Free Speech Clause of the First Amendment. Before us now are the parties’ cross-motions for summary judgment. For the reasons set forth below, we grant in part and deny in part both motions.

I. Background

The Oak Park Village Hall consists of three levels. The ground floor and second floor of the building are commonly referred to as the “Village Hall” and include a number of conference rooms, access to which lies at the heart of the dispute in this case. Before 1995, the Village did not have a policy regulating public use of these conference rooms. Local groups were able to use them free of charge, as long as a majority of persons in attendance were residents of Oak Park and the room requested was available. A wide range of local civic and not-for-profit groups as well as a number of committees and private fraternal groups and organizations used the rooms. Over time, this usage created logistical difficulties — including problems of expense, custodial service, maintenance, and interference with day-to-day operations — for the Village.

On July 5, 1995, the President and Board of Trustees of the Village of Oak Park approved a policy regarding the use of the Village Hall (“Use Policy” or “Policy”). The Policy contained this section governing the use of the Village Hall by members of the public:

The President and Board of Trustees may, on occasion, choose to sponsor, cosponsor, or make portions of the Village Hall ... available for public forums, events or activities.... Only public forums, events, or activities which conform with all of the following requirements may be considered for use of the Village Hall. The forum, event or activity must: (1) be open to all citizens of the Village; (2) have as its primary purpose providing a civic program or activity which benefits the public as a whole; (3) not be based on or must not promote or espouse the philosophy, ideas or beliefs of any particular group, entity or organization; (4) be sponsored or put on by a local not-for-profit group or organization based within the Village; (5) not be sponsored or put on by a group or organization that has sponsored or put on a *985 forum, event or activity in the Village Hall during the preceding twelve months, unless exceptional circumstances are involved; and (6) not be a fundraising event.

Two rooms have been made available for public use under this provision of the Policy: the Community Room and the Council Chambers. The administration of the Policy is the responsibility of the Office of the Village Clerk.

Congress declared an annual National Day of Prayer (“NDP”) in 1952, in a joint resolution signed by President Truman. See 36 U.S.C. § 169h. In 1988, the declaration was amended and signed into law again by President Reagan, designating the first Thursday of every May as the National Day of Prayer. Proclamation No. 7088, 63 Fed.Reg. 24,383 (1988). Each year, including the years during which the Oak Park NDP Committee has sought access to the Village Hall, the President issues a proclamation encouraging all citizens to pray on that day. See, e.g., Proclamation No. 6877, 61 Fed.Reg. 15,175 (1996). According to the plaintiffs in this case, the purpose of the NDP is for Americans to gather together to pray for the United States, the individual states and communities, and officials at all levels of government. They also claim that their meetings, including the annual NDP meeting they sponsor, are open to all residents of Oak Park, regardless of one’s religion, denomination, belief or non-belief.

Martin DeBoer applied for and was granted permission to use a Village Hall room for the annual “National Day of Prayer” assemblies of 1993, 1994, and 1995. During this time — prior to the adoption of the Use Policy — Village Attorney Raymond Heise received Freedom of Information Act requests and inquiries from the American Civil Liberties Union, who was engaged in a review of the Village’s policies and practices to determine whether or not permitting the National Day of Prayer meeting in the Village Hall constituted a violation of the First Amendment’s Establishment Clause. In February 1996, DeBoer completed and submitted a “Public Notice of Meeting and Conference Room Sign-up Form” to the Village Clerk’s Office on behalf of the Oak Park National Day of Prayer Committee, as he had in years past. The group wished to use the Village Hall for its annual National Day of Prayer Meeting on May 2, 1996. In the space on the form entitled “Agenda Items,” DeBoer wrote: “Prayer for our community, and our local, state and national government leaders.” Two months later, then-Village President Lawrence Christmas denied the request on the grounds that the proposed use was inconsistent with the Use Policy. DeBoer submitted another application in March of 1997, again requesting use of the Village Hall by the group for “prayer for community, state, national leaders.” A few days later Christmas again denied the NDP group access for its event, in a letter identical — except for its dates — to that issued in 1996. In March 1998, De-Boer submitted an application listing the purpose of the proposed meeting as “prayer,” and again a nearly identical letter was written — this time by the'Village Clerk' — denying the group authorization to conduct its event in the Village Hall. For the years 1996 through 1998, plaintiffs held the NDP meeting at the Oak Park Library, located a few blocks away. Unsatisfied with this, DeBoer sued the Village and its officials, alleging that the Use Policy and its application to the plaintiffs violated the First Amendment.

II. Discussion

It is well-established that religious worship and discussion are forms of speech protected by the First Amendment. See, e.g., Widmar v. Vincent, 454 U.S. 263, 269, 102 S.Ct. 269, 70 L.Ed.2d 440 (1981); Doe v. Small, 964 F.2d 611, 617 (7th Cir.1992) (en banc), and there is no significant distinction for First Amendment purposes between religious speech or discussion and religious “speech acts ... constituting ‘worship’,” Widmar, 454 U.S. at 270 fn. 6, *986 102 S.Ct. 269. It is also true, however, that “[e]ven protected speech is not equally permissible in all places and at all times.” Cornelius v. NAACP Legal Defense and Educ. Fund, Inc., 473 U.S. 788, 799, 105 S.Ct. 3439, 87 L.Ed.2d 567 (1985). The Court has long recognized that the Government, like a private property owner, “ ‘has power to preserve the property under its control for the use to which it is lawfully dedicated.’ ” Id. at 800, 105 S.Ct. 3439 (quoting Greer v. Spock, 424 U.S. 828

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Related

DeBoer v. Village of Oak Park
86 F. Supp. 2d 804 (N.D. Illinois, 1999)

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53 F. Supp. 2d 982, 1999 U.S. Dist. LEXIS 2121, 1999 WL 414365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deboer-v-village-of-oak-park-ilnd-1999.