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Disability, religious-freedom claims clash at Indiana Supreme Court

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An argument over dinner has taken on First Amendment religious-freedom and disability-protection dimensions before the Indiana Supreme Court.

Justices Monday heard arguments in Fishers Adolescent Catholic Enrichment Society v. Bridgewater, 990 N.E.2d 29 (Ind. Ct. App. 2013), vacated. Fishers Adolescent Catholic Enrichment Society, an organization of parents who home school, sponsored a dinner-dance for students at which the Bridgewater family requested a steak dinner be served to their daughter. Because of food allergies, she couldn’t consume the chicken dinner that had been arranged, and FACES leaders requested the Bridgewaters bring their daughter’s meal.

After FACES failed to accommodate the request, the Bridgewaters filed a discrimination claim with the Indiana Civil Rights Commission. A few days, later the Bridgewaters were excluded from the group. The ICRC ruled FACES unlawfully discriminated by expelling the family in retaliation for a disability claim. The Court of Appeals affirmed a $2,500 fine, but struck an ICRC order that FACES post the decision on its website and elsewhere.

Arguing for FACES, Patrick T. Gillen said the agency lacked jurisdiction and erred because the group’s mission wasn’t “related to education” as the statute requires.

“We believe the civil rights law has been applied in a way that’s inconsistent with the First Amendment,” Gillen said. The ICRC, he said, had engaged in “second-guessing membership decisions” of a private religious group that has a right to self-determination as it relates to membership, and that the ICRC made “an unprecedented intrusion” into private decision-making.

The Bridgewaters’ attorney, Nelson Nettles, said the case has little to do with religion.

“They like to keep shifting the focus to religious matters,” he said. “We’re talking about discrimination against people with disabilities. … It was because of the disability complaint that they kicked (the Bridgewaters) out.”

Nettles said the Supreme Court of the United States has ruled repeatedly that “discrimination against people with disabilities has a heavier weight in these kinds of cases.” He cited the SCOTUS case of professional golfer Casey Martin, in which justices ruled the Professional Golf Association could not enforce a rule forbidding the use of golf carts to bar Martin from the tour. Martin claimed a disability requiring the use of a cart.

Justice Robert Rucker asked Gillen if he could think of a case in which the ICRC would have jurisdiction over FACES. He said he couldn’t, but there might be.

Justice Mark Massa pressed Nettles on whether he would concede that the Court of Appeals was correct in rejecting what Massa called “the public shaming” the ICRC ordered – that FACES post its decision. But Nettles said statute allowed ICRC to make such an order. “It’s one of the few remedies that actually benefits my client,” he said.

During rebuttal, Gillen attacked the assertion that FACES retaliated against the Bridgewaters, arguing that the ICRC’s administrative law judge found, for instance, that the family “did in fact meddle with arrangements” for the dinner-dance and were “undermining the group.”

But Rucker suggested to Gillen this was an invitation to reweigh the evidence.

Gillen said the decision to exclude the Bridgewaters wasn’t a case of discrimination or retaliation, but rather a matter of “home-schooling mothers who said, enough is enough.”

Justices raised several hypotheticals that threw both attorneys, including whether a private, evangelical Christian group could exclude members of other faiths, whether the level of a group’s organization or the type of someone’s disability would be factors in applying the civil rights statutes, and whether the ICRC could intervene if someone was denied admission to the group rather than being excluded later.    

Chief Justice Brent Dickson focused the final question for Gillen on the statutory language that subjected groups to ICRC jurisdiction if their mission is “related to” education. “That language chosen by the Legislature is awfully broad,” he said.
 

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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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