New Ways Ministry v. National 4-H Council

545 F. Supp. 1274, 1982 U.S. Dist. LEXIS 9746
CourtDistrict Court, District of Columbia
DecidedAugust 31, 1982
DocketCiv. A. No. 81-2711
StatusPublished

This text of 545 F. Supp. 1274 (New Ways Ministry v. National 4-H Council) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Ways Ministry v. National 4-H Council, 545 F. Supp. 1274, 1982 U.S. Dist. LEXIS 9746 (D.D.C. 1982).

Opinion

MEMORANDUM OPINION

BARRINGTON D. PARKER, District Judge:

In this action, the plaintiffs, an organization of Catholic clergy named the New Ways Ministry and its co-directors Sister Jeannine Gramick (“the Ministry”), claim that the National 4-H Council (“the Council”) violated the First and Fifth Amendments to the Constitution when it denied the Ministry the use of Council facilities for a conference in November 1981. The plaintiffs had sought to hold the “First National Conference on Homosexuality and the Catholic Church” at the Council’s National 4-H Center (“the Center”) in Chevy Chase, Maryland. Named as defendants are the Council, its director, and officials at the United States Department of Agriculture (“USDA”).1 The plaintiffs seek declaratory and monetary relief for the alleged violation of their constitutional rights.2

On November 20,1981, plaintiffs’ motions for a temporary restraining order and a preliminary injunction were denied. Since then discovery has been completed and the parties have filed cross-motions for summary judgment.

The central question presented in this lawsuit is whether the defendants, in denying the Ministry’s application for use of the Center, acted under color of federal law.3 For the reasons stated below, this Court finds that the Council did not act under color of federal law and therefore grants the defendants’ motions for summary judgment.

Background

The material facts are uncontested and are briefly stated. The Ministry is a nonprofit corporation devoted to the concerns of homosexuals within the Catholic Church. The organization planned a national conference to be held on November 20-22, 1981.

[1276]*1276The National 4-H Center, operated by the Council in nearby Maryland, maintains meeting and lodging facilities. Those facilities are made available to organizations involved in programs of the Cooperative Extension Service of the USD A. The Center may also be used for conferences by groups “which relate to the work and mission of the Cooperative Extension Service.” 4

In early October 1981, Sister Gramick inquired at the Center about the possibility of its use for the planned conference. She was told that space was available on the requested dates but that a written application would be required. Sister Gramick complied. The Center’s staff then requested more information on the group’s purpose. Sister Gramick responded by submitting two informational brochures, which describe the group’s purpose as follows:

To provide basic and solid information regarding homosexuality from the perspective of sociology, moral, pastoral and feminist theology, religious life and celibacy for national and diocesan Catholic leadership.5

On November 3, 1981, the Council informed Sister Gramick that the application had not been approved. Don Henderson, the Council’s Director of Program Operations, wrote Sister Gramick that the Ministry’s proposed use of the Center did “not appear to meet the [Cooperative Extension Service] guidelines for use of the Center.”6 One week later, the Ministry applied for temporary injunctive relief. After a hearing, the application was denied. A motion to dismiss filed by the Council was denied on December 16, 1981. The cross-motions for summary judgment then followed.

Legal Analysis

A.

It is fundamental that the First and Fifth Amendments, which the Ministry asserts were violated by the defendants, do not apply to acts of private persons or entities. Civil Rights Cases, 109 U.S. 3, 11, 3 S.Ct. 18, 21, 27 L.Ed. 835 (1883); RendellBaker v. Kohn, -U.S. -,--, 102 S.Ct. 2764, 2769, 73 L.Ed.2d 418 (1982). The Ministry argues that the decision of the Council to deny its application constituted “state action” and is therefore subject to constitutional limitations. Its argument principally rests on two theories. First, the Ministry asserts that there exists a “symbiotic relationship” between the state and the Council similar to the relationship in Burton v. Wilmington Parking Authority, 365 U.S. 715, 81 S.Ct. 856, 6 L.Ed.2d 45 (1961) (refusal of a restaurant located in a public parking garage to serve blacks constituted state action). Second, the Ministry asserts that the Council exercises a “public function,” i.e., exercising powers that are “traditionally the exclusive prerogative of the State.” Jackson v. Metropolitan Edison Co., 419 U.S. 345, 353, 95 S.Ct. 449, 455, 42 L.Ed.2d 477 (1974) (electric company is not bound to observe procedural due process in terminating service notwithstanding the government’s delegation of monopoly power).

Both the “symbiotic relationship” and the “public function” theories of state action were extensively examined in two recent Supreme Court cases, Rendell-Baker, - U.S. -, 102 S.Ct. 2764, 73 L.Ed.2d 418, and Blum v. Yaretsky,-U.S.-, 102 5. Ct. 2777, 73 L.Ed.2d 534 (1982). They warrant a brief discussion. In Blum, a class of Medicaid nursing home patients challenged decisions by the homes to discharge or transfer them without notice or an opportunity for a hearing. The nursing homes were directly reimbursed by the state for the reasonable cost of health care services. Federal regulations required that a committee of physicians at each home periodically assess whether each patient [1277]*1277was receiving the appropriate level of care. If the committee determined that the patient should be discharged or transferred to a different level of care, it notified the state agency responsible for administering Medicaid assistance. The agency then adjusted the assistance accordingly.

The Supreme Court, reversing the lower courts, held that decisions of the committee to lower the patients’ level of care did not involve state action. The Court reasoned that the state merely “responded” to the nursing homes’ decisions by adjusting the benefits, and such a response did not transform the “independent” decision of the nursing homes’ committees into state action. The extensive federal regulation and funding of the nursing homes did not require a contrary finding. The Court established a rigid test for finding state action: “[Cjonstitutional standards are invoked only when it can be said that the State is responsible for the specific conduct of which the plaintiff complains.” -U.S. at-, 102 S.Ct. at 2786 (emphasis in original).

A similar conclusion was reached in Ren-dell-Baker. There, the Court examined whether the action of private school officials in dismissing teachers and other staff persons from their jobs at the school constituted state action because of the close relationship between the school and state authorities. Nearly all of the school’s students were sent there by city or state officials, who paid for the students’ education. The school also received funds from a number of other state and federal agencies. Government funding totaled as much as 99 percent of the school’s operating budget in one year. Extensive regulations concerning matters ranging from record-keeping to student-teacher ratios guided the administration of the school.

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Related

Civil Rights Cases
109 U.S. 3 (Supreme Court, 1883)
Burton v. Wilmington Parking Authority
365 U.S. 715 (Supreme Court, 1961)
Jackson v. Metropolitan Edison Co.
419 U.S. 345 (Supreme Court, 1974)
Rendell-Baker v. Kohn
457 U.S. 830 (Supreme Court, 1982)
Blum v. Yaretsky
457 U.S. 991 (Supreme Court, 1982)
Eli M. Spark v. The Catholic University of America
510 F.2d 1277 (D.C. Circuit, 1975)
DeFrantz v. United States Olympic Committee
492 F. Supp. 1181 (District of Columbia, 1980)
Caldwell v. Craighead
432 F.2d 213 (Sixth Circuit, 1970)

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Bluebook (online)
545 F. Supp. 1274, 1982 U.S. Dist. LEXIS 9746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-ways-ministry-v-national-4-h-council-dcd-1982.