Religious Use of City Park
What do your City policies or ordinances say about religious worship use of City parks (in an organized park reservation or special event manner)? Any thoughts or research etc. about how Art II, Sec 5 of the Oklahoma Constitution (pasted below) holds up after Shurtleff v. Boston and Kennedy v. Bremerton School District (i.e., do freedom of speech/association in a public forum or limited public forum trump establishment clause concerns)?
§ 5. Public money or property - Use for sectarian purposes.
No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian institution as such.
Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
I am wondering this also. If it is a public area open to the public, I am confused as to how to prevent it for public services.
Sent from my iPhone
On Apr 3, 2023, at 4:42 PM, Teresa Nowlin tnowlin@jenksok.org wrote:
What do your City policies or ordinances say about religious worship use of City parks (in an organized park reservation or special event manner)? Any thoughts or research etc. about how Art II, Sec 5 of the Oklahoma Constitution (pasted below) holds up after Shurtleff v. Boston and Kennedy v. Bremerton School District (i.e., do freedom of speech/association in a public forum or limited public forum trump establishment clause concerns)?
§ 5. Public money or property - Use for sectarian purposes.
No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian institution as such.
Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
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Are they paying a fee to use the park like everyone else?
Ray
From: Jeff- Business
Sent: Monday, April 3, 2023 5:36 PM
To: Teresa Nowlin
Cc: oama@lists.imla.org
Subject: [Oama] Re: Religious Use of City Park
I am wondering this also. If it is a public area open to the public, I am confused as to how to prevent it for public services.
Sent from my iPhone
On Apr 3, 2023, at 4:42 PM, Teresa Nowlin tnowlin@jenksok.org wrote:
What do your City policies or ordinances say about religious worship use of City parks (in an organized park reservation or special event manner)? Any thoughts or research etc. about how Art II, Sec 5 of the Oklahoma Constitution (pasted below) holds up after Shurtleff v. Boston and Kennedy v. Bremerton School District (i.e., do freedom of speech/association in a public forum or limited public forum trump establishment clause concerns)?
§ 5. Public money or property - Use for sectarian purposes.
No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian institution as such.
Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
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If you are making the park available on the same terms as you would make it
available to a non-religious organization, then I think you are fine. Take
a look at 2022 OK AG 7, which isn't directly on point but contains a good
bit of research on how Art. II, Sec. 5 has been interpreted and applied in
other context. If you aren't treating them any different than any other
group or person in terms of access, then I don't see that there'd be any
issue.
On Mon, Apr 3, 2023 at 4:42 PM Teresa Nowlin tnowlin@jenksok.org wrote:
What do your City policies or ordinances say about religious worship use
of City parks (in an organized park reservation or special event manner)?
Any thoughts or research etc. about how Art II, Sec 5 of the Oklahoma
Constitution (pasted below) holds up after Shurtleff v. Boston and *Kennedy
v. Bremerton School District *(i.e., do freedom of speech/association in
a public forum or limited public forum trump establishment clause
concerns)?
§ 5. Public money or property - Use for sectarian purposes.
No public money or property shall ever be appropriated, applied, donated,
or used, directly or indirectly, for the use, benefit, or support of any
sect, church, denomination, or system of religion, or for the use, benefit,
or support of any priest, preacher, minister, or other religious teacher or
dignitary, or sectarian institution as such.
*Teresa Nowlin *| City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
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