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Home My WebLink AboutA002 - Legal Opinion dated December 3, 1996 i""Eil CITY OF AMES I I CITY ATTORNEY'S OFFICE P.O. BOX 811 AMES IOWA 50010 Community-University-Opportunity 515 CLARK AVENUE PHONE 515-239-5146 A FAX 515-239-5142 December 3, 1996 DEC - 3 1996 The Honorable Larry R. Curtis,mayor UTY JES, IOWA And Members of the Ames City Council CITY R A " Dear Mayor Curtis and Council Members: At the November 26 Council meeting Council Member Tedesco asked if an ordinance adopting certain parking regulations for the purpose of facilitating worship services of a certain church could be a violation of the provisions of the 1st Amendment to the U.S. Constitution which prohibits enactment of a law"...respecting an establishment of religion ..."? The U.S. Supreme Court stated, in the case of Committee for Public Education v.Nyquist(1973) 413 U.S.756,37 L.Ed.2d 948,962-963, a three part test for determining that issue as follows: 1) The law must reflect a clearly secular legislative purpose. 2) It must have a primary effect that neither advances nor inhibits religion. 3) It must avoid excessive entanglement with religion. At the heart of the test is neutrality. Government should not do anything that gives preference to one religion over another,or to religion over irreligion. However,the U.S. Supreme Court has noted that the Constitution allows government to accommodate religious needs and practices. The fact that a law facilitates a religious practice is not what renders it unconstitutional. The requirement that the government remain neutral in matters of religion does not foreclose it from taking the needs of a religious community into account. Board of Education of Kiryas Joel v. Grumet(1994) 512 U.S. 129 L.Ed.2d 546,562-563. There are no reported cases involving the Establishment Clause of the 1st Amendment with respect to city parking regulations. From the record of discussion at the last meeting, it appears that the proposed exception to the parking prohibition is motivated by a desire to accommodate any and all gatherings at the site,both the religious assemblies and the secular events. In my opinion that does not violate the "establishment"clause. Council Member Tedesco asked if there was any precedent for city parking regulations being tailored to fit the needs of a church. After consultation with the traffic engineer,the only instance that could be found is the attached Council action form of December 28, 1993. It shows the decision to amend a parking regulation at the urging of a church to serve the church's need;but, the staff recommended the change because it also serves several public purposes. Yours truly, John R. Klaus City Attorney COUNCIL ACTION FORM v d Item #,- Date: December 28 1993 SUBJECT: Ordinance changing the overnight parking restrictions on Lincoln Way and Hayward Avenue. BACKGROUND: Staff received a request from William Cook, Chair of the Property/Trustees Committee for the Collegiate United Methodist Church, 2622 Lincoln Way, to change the overnight parking restrictions for the metered spaces on Lincoln Way and Hayward Avenue to a "2:00 - 6:00 a.m., Everyday" prohibition. This is requested to provide additional parking for the United Methodist Church members on Sundays during their morning services. Currently, the metered parking areas along Hayward Avenue and Lincoln Way are fully utilized on Sundays by student residents who park their vehicles on Saturday evenings, and leave them until the next day on Sunday. This is permissible since the current overnight parking restriction on Lincoln Way is a "2:00 - 6:00 a.m., Mondays" prohibition. Also, no overnight parking restrictions are designated along the metered parking areas on Hayward Avenue from Lincoln Way to Chamberlain Street. Staff believes that the overnight parking prohibitions should be changed to a "2:00 a.m. - 6:00 a.m., Everyday" prohibition along the metered parking areas on Lincoln Way and Hayward Avenue for several reasons. These includes providing more turnover for patrons, accommodating early morning street and parking meter activities, and standardizing the overnight parking restrictions in the Downtown and Campustown areas. By implementing this measure, street maintenance activities in the area would especially be supported. This would assist the City work crews with performing street cleaning, snow removal, street repair, meter repair, and other work activities in early morning periods without being hampered by the presence of parked vehicles. By changing the overnight parking restriction to "2:00 - 6:00 a.m., Everyday'' on Lincoln Way and Hayward Avenue, parking turnover would also be enhanced during the morning periods. Typically, vehicles are parked in these spaces from 2:00 A.M. until the meter enforcement period begins at 8:00 A.M. the next day. When this occurs, it reduces the availability of spaces for businesses who rely on parking in this area. Also, this measure would standardize overnight parking restrictions in the Campustown and Downtown areas. Currently, there are several overnight parking prohibitions designated along metered areas in these business areas. The predominant prohibition CAF - LW /Hayward Parking December 28, 1993 Page 2 is the "2:00 - 6.00 a.m., Everyday" restriction designated in the City's municipal parking lots, and along metered parking areas in the Business Districts. The other overnight parking restrictions include the "2:00 - 4:00 a.m., Everyday" restrictions posted along Main Street from Duff Avenue to Clark Avenue, and the '2:00 - 6.-00 a.m., Monday" parking restriction posted on Lincoln Way. Staff has distributed a notice to the businesses and property owners along Hayward Avenue and Lincoln Way concerning the proposed measure. A response was received from Scott Randall who supported the measure. ALTERNATIVES: 1. Approve the measure to change the overnight parking restriction to a "2:00 - 6:00 a.m., I=v ryday" prohibition along the metered parking areas on Lincoln Way from Sfieldon Avenue to Lynn Avenue, and on Hayward Avenue from Lincoln Way to Chamberlain Street. 2. Approve the measure subject to modifying the overnight restriction on Lincoln Way and Hayward Avenue. 3. Do nothing. MANAGER'S RECOMMENDED ACTION: It is recommended by the City Manager that the City Council adopt alternative number 1 above, thereby directing the City Attorney to draft an ordinance designating a "2:00 - 6:00 a.m., Everyday" parking restriction along the metered parking areas on Lincoln Way from Sheldon Avenue to Lynn Avenue, and on Hayward Avenue from Lincoln Way to Chamberlain Street. COUNCIL ACTION: