Conley v. Jackson Tp. Trustees

376 F.Supp.2d 776

Craig T. CONLEY, Plaintiff, v. JACKSON TOWNSHIP TRUSTEES, et al. Defendants.

No. 5:04 CV 0534.

United States District Court, N.D. Ohio, Eastern Division.

April 14, 2005.

Craig T. Conley, Canton, OH, Pro se.

Gregory A. Beck, James F. Mathews, Baker, Dublikar, Beck, Wiley & Mathews, North Canton, OH, for Defendants.

MEMORANDUM OPINION & ORDER

VECCHAIRELLI, United States Magistrate Judge.

Pending before this Court are the cross-motions for summary judgment of Plaintiff, Craig Conley (Doc. No. 32)¹ and Defendants, Jackson Township Trustees, Jackson Township Clerk, and Jackson Township Community Improvement Corporation (Doc. No. 30)², on Plaintiff's Complaint. (Doc. No. 1.) The gravamen of Plaintiff's seven count Complaint is that Defendants' donations of money and office space and promises to make further donations to the Jackson Township Young Men's Christian Association violates the Establishment Clause of the First Amendment.

I. Background

Plaintiff, Craig Conley ("Plaintiff"), is a resident and taxpayer of Stark County, Ohio and owns real property in Jackson Township, Stark County, Ohio. Defendant, Jackson Township Trustees ("Trustees"), are the duly elected past and present board of township trustees for Jackson Township, Ohio, pursuant to Ohio Revised Code ("ORC") § 505.01. Defendant, Jackson Township Clerk ("Clerk"), is the duly elected township clerk and chief financial officer of Jackson Township, Ohio, pursuant to ORC § 507.01. Facts regarding the nature and status of Defendant, Jackson Township Community Improvement Corporation ("CIC"), have not been presented to this Court. (See Complaint ¶¶ 3-5; Amended Answer ¶¶ 5-6.) (The Trustees, Clerk, and CIC will be collectively referred to as the "Township" or "Defendants.")

The Young Men's Christian Association of Central Stark County ("Central Stark YMCA") is a local affiliate of the National Council of Young Men's Christian Associations of the United States of America ("National YMCA"), both non-parties to this suit. Timothy Shetzer has been the chief executive officer of the Central Stark YMCA since 1997. (Deposition of Timothy J. Shetzer ("Shetzer Dep.") at 17.) In 1998, the Central Stark YMCA created a satellite office in Jackson Township (the "Jackson YMCA" or "Jackson branch") (the Central Stark YMCA and Jackson YMCA will be collectively referred to as the "Local YMCA"). (Affidavit of Tim Shetzer ("Shetzer Aff.") ¶ 3.)

The Relationship Between Jackson Township and the Local YMCA

At present, the Jackson YMCA conducts some programs at area churches. (Shetzer Dep. at 45-46, Ex. 8.) It also maintains a staff office at the "Jackson Township hall" at no cost. (Shetzer Dep. at 73-74.) This office staffs a program director and part-time clerical personnel. The office space was issued to the Local YMCA to enable better collaboration with the Township park and recreation director. (Shetzer Dep. at 75.)

From 1998 until 2003, the Jackson YMCA received an annual payment of $10,000 to $15,000 from the Trustees. (Id. at 66, 69.) The Jackson YMCA used these funds to provide programs and services in the Jackson Township area, such as the development of a board for the Jackson YMCA, and activities such as youth sports, summer childcare, and fitness classes. (Shetzer Dep. at 66; Ex. 4, Letters from Tim Shetzer to Township representatives.)

In 2001, the Central Stark YMCA developed a plan to build a facility to accommodate the Jackson branch (the "Jackson YMCA facility"). (Shetzer Aff. ¶ 4.) Several community entities have provided financial and other support for this project. (Id.) The Jackson YMCA facility is scheduled to be built on seven acres of land in the immediate vicinity of the Jackson Township high school. (Shetzer Aff. ¶ 4.)

On June 23, 2002, the Trustees unanimously passed a budget module authorizing the allocation of $1,000,000 toward the construction of the Jackson YMCA facility (the "module"). (Shetzer Dep. at 57; Affidavit of Randy Gonzalez ("Gonzalez Aff.") ¶ 1.) None of the aid provided by Jackson Township to the Jackson YMCA will fund a specifically religious activity. (Gonzalez Aff. ¶ 5.)

Before any funds can be disbursed to the Local YMCA, several steps must still be taken by the Township. First, the Trustees must adopt a resolution funding the Jackson YMCA facility. (Id. ¶ 6.) A resolution describing compliance with ORC § 505.707 must also be adopted. After adoption of the appropriate resolution(s), a purchase order must be prepared and signed by the Clerk "certifying that the funds have been lawfully authorized and appropriated and are available for disbursement." (Id.) The Trustees would also sign the purchase order and prepare a check. Only after these steps are completed would a check be delivered to the Local YMCA. (Id.)

The Nature and Character of the Local YMCA

Although local affiliates of the National YMCA, such as the Central Stark YMCA, are autonomous organizations, each is required to (1) pay dues to the National YMCA and (2) annually certify acceptance of the National YMCA's constitution, statement of purpose, and policy and practice prohibiting discrimination based on race, sex, color, religion, or national origin. (Shetzer Dep. at 5-8, 41, Ex. 1.) The National YMCA's statement of purpose is as follows: "The [YMCA] we regard as being in its essential genius a worldwide fellowship united by a common loyalty to Jesus Christ for the purpose of developing Christian personality and building a Christian society." (Shetzer Dep., Ex. 2 at 5.) The Central Stark YMCA has a similar purpose:

Section 1. The YMCA is a worldwide fellowship of persons united by a common loyalty to the principles of Jesus Christ for the purpose of developing Christian personality and building a Christian society. The YMCA shall be nondenominational and shall not discriminate on the basis of race, sex, color, religion, or national origin.

Section 2. The purpose of this corporation shall be to provide means for the spiritual, mental, social, and physical growth of its members and constituents by conducting activities which are consistent with the spirit and teachings of Jesus Christ; and in cooperation with the homes, churches, schools, and other institutions and organizations, render such service in the community as will tend to secure better spiritual, social, economic, and moral conditions for society, and doing any and all things necessary for and incident thereto....

(Shetzer Dep., Ex. 3.) An Internal Revenue Service ("IRS") Exemption Application dated November 23, 1955 states that the specific purpose of the Central Stark YMCA is to serve "youth and adults through programs, services, and activities for spiritual, mental, physical, and social growth." (Shetzer Dep., Ex. 5.) The Central Stark YMCA's four main principles are respect, responsibility, caring, and honesty. (Shetzer Dep. at 22.)

Membership in the Local YMCA is open to persons of any or no religious affiliation; and applicants are not required to disclose their religious preference. (Shetzer Aff. ¶ 5.) Local YMCA membership cards contain a "Y" symbol that has Christian significance. (Shetzer Dep. at 48.) The back of the card contains a mission statement: "To put Christian principles into practice through programs that build healthy spirit, mind, and body for all." (Id. at 48.) The Lake YMCA, a branch of the Central Stark YMCA, provides membership cards without the mission statement, if so requested by the member. (Id. at 49.) Central Stark YMCA literature and letterhead routinely bear the mission statement and Y symbol. (Id. at 51.)

The Central Stark YMCA conducts many programs and events through the Jackson branch, including youth sports, summer childcare, fitness classes, teen leader's clubs, and various family events. (Shetzer Dep., Ex. 4, October 24, 2003 Letter.) The 1955 IRS Exemption Application lists the Central Stark YMCA's activities as group work programs, room service, food service, educational classes, recreational programs, and religious programs. (Id.) However, according to the May 2004 affidavit testimony and June 2004 deposition of Mr. Shetzer, the Local YMCA is not engaged in teaching Christian beliefs "to any significant degree" and does not conduct religious services, classes, or activities. (Shetzer Dep. at 36, 39, 44; Shetzer Aff. ¶ 5.) The Central Stark YMCA's 2001 tax return included an explanation of its activities and purposes:

The goal of all [Central Stark] YMCA programs and practices is to help participants understand that well-being means a healthy body, mind and spirit through fitness classes, youth sports, child care, senior programs and other activities. Participants build self-esteem, develop leadership skills, grow as responsible members of society and develop moral and ethical behavior.

(Doc. No. 10, IRS Form 990.)

The Green YMCA is an affiliate of the National YMCA and located in the City of Green, Summit County, Ohio; it is autonomous from the Central Stark YMCA. (Shetzer Dep. at 36; Affidavit of Craig Conley ("Conley Aff.") ¶ 6.) Plaintiff personally visited the Green YMCA facility on March 20, 2004. (Id.) A "Christian Mission Statement," "Christian Insignia," Biblical quotes, and other Christian symbolism appeared throughout the Green YMCA's facility. (Id. ¶¶ 10-16.) Flyers promoting a Good Friday prayer breakfast to be held at the Green YMCA facility on April 9, 2004 were displayed throughout the facility. (Id. ¶¶ 17-19.) A Good Friday prayer service was also scheduled for the same date at the Canal Square and Riverfront YMCA facilities. (Id. ¶ 17.)

According to Mr. Shetzer, Christian evangelism does not occur at any YMCA facility; in any event, a decision to evangelize would be within the local affiliate's discretion. (Shetzer Dep. at 41-42, 45.) Nothing in the Central Stark YMCA constitution or the National YMCA constitution prohibits a local affiliate from conducting religious services or activities. (Id. at 43-45....