06-13-2000 Council Agenda - Laserfiche WebLink

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Mr. Hanson June 9, 2000 Page Five However, the case at hand can be distinguished in that the proposed aid would, in a sense, go directly to St. John's Catholic Church. Despite showing that there would be a secular or public purpose for the community space, it might be, difficult to overcome the remaining parts of the establishment clause analysis = the advancement test and the entanglement test. In researching this issue we conferred with the Winsted City Attorney, who advised us that the City of Winsted had investigated and researched a proposal by a parochial school in Winsted to build and operate a community center jointly with the City. The City reviewed extensive research relative to the issue using the above - discussed test (secular purpose; effect that neither advances or inhibits religion; and, excessive government entanglement). The City concluded that there could be a. problem with meeting the third test, excessive entanglement. As discussed above, excessive entanglement arises when the state's involvement with a religious institution creates a need for a comprehensive, discriminating, and continued .state surveillance to ensure the aid is used for secular purposes. issue: Their research identified nine areas which should be considered in consideration of the 1. That the facility should be owned outright by one party; 2. That the building not be connected to any church buildings; 3. That the building does not have a religious name; 4. That there are no crosses or any other religious items in the building; 5. That the building was not used for any religious purpose; 6. That there should be simultaneous use of the building by the public and church; 7. That the City cannot subsidize the rent and costs of the building; 8. That arrangements for use of the building should be 'specific; and, 9. That there must be a mechanism for monitoring compliance. Page 6E