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02/06/2012 09:22 PM

Discussion over use of public schools

By: Zack Fink

There's a controversial bill being discussed at the Capitol that would allow religious groups to continue using New York City public schools as gathering places for prayer services and other religious activities. The measure sailed through the Senate, but its fate in the Assembly is less clear. YNN's Zack Fink reports.

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NEW YORK CITY, N.Y. -- Abounding Grace Ministries, originally formed on the Lower East Side, has been using this space at a public school on Avenue D. But the pastor and a coalition of clergy and elected leaders are furious that churches like this one currently using schools are now facing eviction.

"What is it that the mayor wants to do? Kick us out! You want to know about instability? You want to go and undermine the very fabric of what keeps these families together right now?” said Pastor Rick Del Rio of Abounding Grace Ministries.

Bloomberg administration officials say the situation is more complicated than planned evictions. Churches had not previously been allowed to use public school space for their Sunday services. But a court case that dates back to 1996 resulted in an injunction in 2002, allowing churches to set up in schools while the case was being litigated.

Last summer, the Second Circuit Court of Appeals ruled against the original plaintiffs. And late last year, the U.S. Supreme Court refused to hear the case. The city intends to enforce that ruling.

"We're opposed to the bill. And I've articulated that to the various legislators that I meet with. And we're not opposed to faith based institutions being in our schools. Or being able to provide services. It's just the worship part of the service," said New York City Schools Chancellor Dennis Walcott.

Not so fast say members of the State Senate who, Monday, passed a bill allowing the churches to stay where they are.

"What this bill does is for the churches that are in school buildings to remain in those school buildings. And to do their services in those buildings," said State Senator Martin Golden.

"What the city is doing here is plain wrong. To say that one organization cannot rent from a school. But everyone else can is wrong. It's unjust," said State Assemblywoman Nicole Malliotakis.

The bill, sponsored by Senator Golden, passed the Senate 54 to seven. It has yet to have a hearing in the Assembly, where its fate is less certain.