A Christian school is suing an Ohio city for refusing to grant it a permit to use its own new building.
In an effort to alleviate overcrowding issues and bring in more students, Tree of Life Christian Schools purchased a building in Upper Arlington, Ohio. However, the city zoning code disallows its facility, so with Tree of Life's call for legal help, the Alliance Defense Fund (ADF) has filed a federal lawsuit against the city.
"This is a case of unequal treatment," contends Erik Stanley, senior legal counsel for ADF. "It's really a case of discrimination, where Tree of Life Christian Schools has been discriminated against by the City of Upper Arlington's zoning code that allows for similar secular uses, but yet will not allow for a Christian school in the zoning."
For example, notes the attorney, Upper Arlington will allow a daycare facility of any size to occupy a building in the zone.
"If you look at how the city has defined 'child daycare facility,' it's virtually identical to what Tree of Life does as a Christian school," Stanley points out. "So it makes no sense. In fact, it's unlawful for this city to allow things like a child daycare facility that's identical to the school, but yet will not allow for Tree of Life to locate in its own building."
According to Stanley, government officials are barred from subjecting religious ministries to unequal treatment in zoning laws under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Even so, a spokeswoman for Upper Arlington has told The Columbus Dispatch that the city had wanted the school to apply for a re-zoning of the property, but the school refused, in part because that request could be rejected by a referendum. "The city believes its zoning code is sound; it does not discriminate between a religious school or public school," Upper Arlington city planner Chad Gibson told the newspaper.
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