Church’s School for Children with Disabilities, Calvary Christian Center v. City of Fredericksburg (amicus)
Calvary Christian Center is a church that feels that helping children is part of its religious mission. It already operates a before- and after-school daycare for children, and it would now like to open a day school for children with disabilities. Fredericksburg City Council denied a special use permit for the school, with some members commenting that the children with disabilities at the school would pose a danger to the children without disabilities in the daycare. The city filed a motion to dismiss. We filed an amicus brief on behalf of Calvary Christian Center, arguing that their complaint alleged sufficient facts that, if proved, would show that Fredericksburg had violated the Americans With Disabilities Act. The motion was heard on August 10, 2011. On November 21, 2011, the court granted Fredericksburg’s motion to dismiss, holding that the church did not have standing to raise the ADA claim and that its other claims were without merit.
Court Documents (click link to view .pdf)
Brief Amicus Curiae- U.S. District Court, Eastern District of Virginia