Appeals Court Limits Church-School Ruling

(Wall Street Journal) - The temporary hold on New York City's plan to ban small churches from using public schools for Sunday services only applies to one church that had brought legal action against the city, not to the dozens of others that are protesting the policy, according to a court decision.

The decision, issued late Friday by the Second US Circuit Court of Appeals, dramatically narrows a 10-day restraining order that was granted Thursday by a federal judge, which prevents the city from applying the ban on religious groups.

The appeals court said the restraining order only applies to the Bronx Household of Faith, which is the plaintiff named in the long-running legal battle. US District Court Judge Loretta Preska's ruling Thursday appeared to prevent the city from applying the ban across the board, giving a temporary reprieve to more than 54 congregations that use city schools for Sunday worship.

"We call to the district court's attention an appearance of overbreadth of its order," the Second Circuit's decision stated.

Jordan Lorence, an attorney representing the Bronx Household of Faith, said the ruling "is disappointing in the short run." But he said he believes the district court judge will soon issue a preliminary injunction against the city's ban that will apply to "all religious groups that want to meet in the public schools."

Read more: Wall Street Journal