This lawsuit—in which our lead plaintiff was The Right Reverend John Bryson Chane, the Episcopal Bishop of Washington—challenged legislation enacted by the D.C. Council in 2008 authorizing the transfer of a valuable government building (the Gales School) and millions of dollars in cash to the Central Union Mission to provide shelter for homeless men. The Mission is an evangelical Christian organization; homeless men who stayed at its existing shelter were required to attend gospel services and were urged to change their lives through Jesus Christ.
In September 2008, we sought a preliminary injunction blocking the transaction, but the District and the Mission said the deal was still being negotiated. We agreed to stay the lawsuit, and the deal subsequently died—we understand the Mission was unwilling to proceed unless the District agreed to unwind the deal if the court declared it unconstitutional, and the District wouldn’t agree to that.
After an open bidding process in 2011, the District and the Mission signed a lease containing very different terms from those in the 2008 legislation. The District retains ownership of the property, the Mission has a $1 per year lease and is required to rebuild the structure at its own expense and pay for all maintenance and repairs, and the Mission “shall not require any individual seeking services to participate in religious services or religious studies as a condition to receiving any service.” We declared victory and voluntarily dismissed the lawsuit in October 2011.