The Alliance Defending Freedom is appealing a federal judge's decision to uphold an Ohio city's use of a zoning code to prevent a Christian school from moving into its new building.
Though Tree of Life Christian School purchased its new facility some time ago, Upper Arlington will not allow the building to be used as a Christian school. Erik Stanley of Alliance Defending Freedom says the city's zoning codes favor nonreligious businesses and organizations.
"So, for instance, a daycare or other nonprofit use could go into that building and use it without having to obtain zoning permission, [but] the Tree of Life is not able to go in to use the building as a private school," he explains. "That's just discriminatory and violates the religious land use law, and that's why we brought the lawsuit in the first place."
The trial judge sided with the city, saying the school should have applied for rezoning when it purchased the building.
"The decision itself is discriminatory in that it gives preferential treatment to secular uses that are similar to Christian schools," Stanley reasons. "If a daycare doesn't have to go through a rezoning to be in that facility, then why should Tree of Life Christian School have to go through a rezoning to be in that facility? That's discriminatory."
The ADF attorney concludes that they have no choice but take the case before the Sixth U.S. Circuit Court of Appeals.