Religious leader wanted equal treatment from U-46

The leader of the Christian group that threatened to sue Elgin Area School District U-46 for religious discrimination said he just wanted the same favorable treatment afforded Scout troops.

Instead, U-46 officials put an end to favorable treatment.

"Out intention was not to penalize the Scouts," said Matt Armstrong, who runs the after-school Christian character-building program Crossroads.

Armstrong threatened the district with legal action in November after he learned U-46 allowed Scout troops to use district facilities for free, while his group had paid a rental fee for the past six years.

Last year, six Crossroads groups of about 30 U-46 students each met once a week after school, while office staff was still present, at six elementary schools -- Parkwood, Laurel Hill, Horizon and Ontarioville in Hanover Park and Sunnydale and Heritage in Streamwood.

For the upcoming school year, Armstrong plans to move half of those meetings to other sites, such as park district facilities, because school rental costs could total between $5,000 and $6,000.

After the district raised its rental fees for the 2006-2007 school year, Armstrong enlisted the services of the Alliance Defense Fund, a Christian public-interest group that vigorously defends religious freedom.

A parent of a Crossroads student had tipped Armstrong off that Scout troops didn't pay rent in U-46.

An attorney affiliated with the Alliance agreed to take action on behalf of Crossroads, Armstrong said, after a district employee informed him the Christian group paid rent because it is a religious organization.

Attorney Nathan Kellum advised the district in a letter that it was violating the First Amendment by placing different restrictions on groups based on their religious affiliation.

The district responded by imposing a fee on Scout troops.

Some Scout troop leaders have said the new fee -- which they estimate could amount to $4,000 annually for some troops -- will price them out of the district.

"My heart goes out to them," Armstrong said, "and I would be eager to cooperate with them to petition the district to change its mind."

U-46 has a longstanding, tiered rental fee structure that varies depending on whether the group is school-related, not-for-profit or for-profit, according to U-46 attorney Pat Broncato.

But according to Armstrong, the district last year had no clear definition of what constituted a school-related group.

Armstrong said the district was unable to provide a response to his written requests for clarification.

"The district had absolutely no policy as to how to determine who goes in which category," Armstrong said. "It was simply on the whim of the administration."

Public bodies do have the right to treat different groups differently, Alliance-allied attorney Jonathan Scruggs said, but they must have a clearly articulated rationale -- a rationale that does not include religion.

Traditionally, the Scouts were treated as school-sponsored activities, like chess club or band, which use the facilities for free.

The PTA/PTO, Elgin Teachers Association, Booster Clubs and -- per an agreement with U-46 -- the Boys and Girls Club and park districts, also use facilities without charge.

The letter from the church group prompted district officials to reclassify the Scouts under the same umbrella as Pee Wee Football, Little League, Kiwanis Clubs, Easter Seals and church groups.

Many of the Scout troops that meet at U-46 schools are chartered by the PTO of that school, according to U-46 Director of Communications Tony Sanders.

Scruggs, who assisted Armstrong in his dispute with the district, said U-46 arrived at a legal -- but regrettable -- solution to the issue.

"It was our intent and our hope they would just allow Crossroads to have the same access, but they decided to do opposite and charge everyone," Scruggs said.

"The solution to that is not legal action, per se, but people objecting and writing letters and applying some political pressure," Scruggs said.