A local Pastor who requested use of the Babylon Town Hall Annex for a Bible Study Club was actually using the facility to operate a church there, and the Town should not be forced to reinstate the group, according to papers filed by the Town in response to a lawsuit brought against it.

The case was brought against the Town by Pastor John Amandola of the Romans Chapter Ten Ministries, Inc. in Wyandanch. Amandola charges that he was wrongly denied equal access to Town facilities and that the Town’s actions violate federal and state law and is unconstitutional.

"This case involves blatant discrimination aimed at a Christian church and its pastor," said Vincent P. McCarthy, an attorney with the American Center for Law and Justice, which filed a suit on Pastor Amandola’s behalf in U.S. District Court in November.

In its answer to those charges, filed with the courts recently, Town Attorney Peter H. Mayer said it is not a case of equal access. Rather, it is a case in which an applicant misrepresented what he would be using the facility for, and of the Town’s right to avoid being viewed as giving support or "endorsement" to a particular church.

Amandola’s application was initially approved by the Town. His group was to conduct Bible Study classes for about 20 people for an indefinite period on Thursday nights and Sundays, according to his application. The group met on January 3, 7 and 10.

During the week of January 10, however, an ad appeared in a local weekly newspaper advertising the "new location of the Romans Chapter Ten Ministries, listing the address as the Town’s Annex on Phelps Lane, North Babylon. A resident complained; the Town investigated, and permission was immediately revoked.

In asking the court to deny Amandola’s request for a preliminary injunction against the revocation, the Town cites case law saying the congregation shows no hardship in finding another place to worship, nor does it raise any evidence that its worship services were interrupted.

"Since the Town has opened its facilities to a wide variety of organizations, it cannot legally turn away this church and its pastor because of the organization’s religious mission or religious speech," said McCarthy. "This is an issue about granting a religious organization equal access to facilities that it makes available to other groups and the law is very clear on this issue."

Not so, says Mayer. The Town has never provided an open forum for similar activities, nor has it ever allowed worship services at the Annex. It does, however, allow the use of the Annex to community groups for social, civic and educational uses. And, while religious organizations fulfill numerous functions that might fall into these categories and are provided access, using the facility to operate a church or conduct religious services are not among them.

"If an access policy is mandated by the Court, the defendants would have to allow access to every marginal, fringe religion, including churches that preach hatred of ethnic groups etc." said Mayer. "It would also have the practical effect of having the taxpayers underwrite the cost."