Defending Limits on Nude Dance Club
Coyotes, a nude dance club, opened in the Quakertown, Pennsylvania area recently. Upon learning about the club, the Township put various limits on the club. Most notably, the club is to comply with the state law that prohibits nudity at such establishments. The club appealed to the Bucks County Court of Common Pleas challenging the restrictions, including the constitutionality of the state law prohibiting nudity. The Independence Law Center is seeking to intervene in the case on behalf of local residents and a men’s ministry called the King’s Men so that the constitutionality of the state law and the restrictions generally may be maintained.
The Right of Speech and Assembly v. the Abortion Establishment
The Independence Law Center is representing pro-life counselors in a number of cases in state and federal court involving their activity outside of an abortion clinic in York, Pennsylvania. In one case, a woman was convicted of defiant trespass while counseling—even though she was nowhere close to Planned Parenthood property. In their vigilance against pro-lifers, police assigned Planned Parenthood detail often overstep the law and silence the voice of truth. The Independence Law Center is at work in these cases so that pro-life counselors can speak without constant threats and arrests. These cases are now all on appeal.
Religious Liberty v. Homosexual Agenda
The Independence Law Center gave legal assistance to a religious organization which is now being investigated by the State of New Jersey because it refused to allow its boardwalk pavilion to be used for a lesbian “wedding” ceremony. While the organization has allowed the pavilion to be used for weddings in the past, it did not feel right opening up the pavilion for a use that conflicts with its religious beliefs. After it refused to do so, a complaint was filed with the state Attorney General’s office against the ministry. The Independence Law Center, along with the Alliance Defense Fund and New Jersey attorney Michael Behrens, filed suit in Federal Court to prevent the attorney general’s office from continuing to take action. That case is now on appeal at the United States Court of Appeals for the Third Circuit.
The United States Supreme Court has been clear in Boy Scouts of America v.
Dale, 530 U.S. 640 (2000), that private groups have the right to associate with whom they wish. The Boy Scouts need not allow homosexual scout leaders. In the same way, a private organization, particularly a religious organization, need not open up its facilities for a ceremony that is contrary to their mission and beliefs.
Churches “Violate” Zoning by Meeting in Theater
More than one Pennsylvania church has been in contact with the Independence Law Center after they were told they were violating zoning by meeting in a theater. One of the churches, meeting in a theater in Montgomery County, was told that they were in violation because “religious uses” were not permitted in a “shopping” zone. The Independence Law Center contacted the Township solicitor, explaining that the ordinance violated federal law when discriminating against a church in that way. After a number of discussions, the Township solicitor is now recommending an amendment to the ordinance to allow churches to remain.
Win for Church’s Homeless Ministry
A Methodist Church in suburban Philadelphia took seriously the scriptural call to help the poor. They opened a homeless ministry to allow persons facing homelessness to stay at the church free of charge and to receive counseling while they got back on their feet financially. The Township zoning officer took a different view of the ministry and ordered them to stop, claiming that such a ministry was not permitted in the zone in which the church was located. The Independence Law Center assisted the church and their attorney with the federal statutory and constitutional issues in an appeal from the zoning officer’s cease and desist order. The church won back the right to conduct its ministry. According to Randall Wenger, Chief Counsel of the Independence Law Center, “The Bill of Rights recognizes that we should be able to exercise our religious beliefs, free from overbearing governmental restraints. The decision in favor of the church and its homeless ministry is a decision that not only upholds a vital ministry, but a decision consistent with our inherent freedoms as Americans.”
Religious Daycare
The Independence Law Center filed an Amici brief in the Pennsylvania Supreme Court on behalf of several groups, including the Pennsylvania Family Institute and the Commonwealth Foundation, regarding a law suit between the Commonwealth of Pennsylvania and a religious daycare center known as St. Elizabeth’s. The Commonwealth’s Department of Public Welfare contends that religious daycare centers need to be licensed. However, state law only gives the right to the state to regulate non-religious daycare. The Independence Law Center’s brief points out that licensing religious daycare will undermine parental choice in daycare without providing any benefit to health and safety and that licensing will make it difficult for religious daycare to maintain freedom in curriculum.
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