ACLJ Gets NYC Housing Authority to Permit Prayer and Counseling in Public Housing Facility.

Business Editors/Legal Writers

CENTRAL ISLIP, N.Y.--(BUSINESS WIRE)--Jan. 17, 2003

The American Center for Law and Justice, an international public interest law firm, announced today that the New York City Housing Authority has agreed to make permanent the findings of a federal court that granted a preliminary injunction four months ago clearing the way for a pastor to conduct prayer and grief counseling at a public housing facility - a facility that was placed off limits by the housing authority for prayer and grief counseling following the tragic events of September 11, 2001.

"It has taken nearly one year to ensure that a pastor who only wanted to help counsel those affected by the devastating events of September 11 could do so without facing discriminatory treatment by the housing authority," said Vincent McCarthy, Senior Counsel of the ACLJ, which filed the suit. "The law is very clear and the court understood that our client must be treated in the same manner that the housing authority treats other individuals who utilize such facilities. We're pleased that our client will now be able to exercise her constitutional rights and pray and counsel those who need assistance without facing roadblocks from the housing authority."

The ACLJ filed suit in February 2002 in U.S. District Court in the Eastern District of Long Island in Central Islip on behalf of Pastor Joan Daily, a Christian minister and long-time resident of a public housing development in Woodside in Queens, New York.

The suit contended that Pastor Daily was denied access to facilities at the Woodside Community Center in the month following the September 11 disaster, which claimed the lives of several Woodside residents. Pastor Daily wanted to use the facilities for prayer and grief counseling. The city, according to the suit, permitted other organizations and individuals to use the facility, but rejected Daily's request citing a policy that prohibits "(r)eligious services, unless the religious services are directly connected to the principal reason for a family-oriented event, such as weddings."

In September 2002, one year after the tragic events, U.S. District Court Judge David Trager granted a request by the ACLJ for a preliminary injunction saying the housing authority's action "is not reasonable." The injunction, which cleared the way for Daily to begin using the facility, could have been challenged by the city.

However, in a settlement agreement that has been finalized, the housing authority agrees to permit Daily to continue to use the Woodside Community Center in accordance with the court's decision approving the preliminary injunction. At the same time, the ACLJ agrees to dismiss the suit against the housing authority. The settlement agreement - signed by the NYC Housing Authority and the ACLJ - was approved January 13, 2003 by U.S. District Court Judge David Trager.

The American Center for Law and Justice is an international public interest law firm and educational organization that specializes in constitutional law. The ACLJ is headquartered in Virginia Beach, VA and its web site address is www.aclj.org.