The federal Fair Debt Collection Practices Act prohibits debt collectors from engaging in “conduct the natural consequence of which is to harass, oppress, or abuse any person” (15 USC 1692d) or using “unfair or unconscionable means “(15 USC 1692f) in collecting amounts owed by consumers. In Neill v. Bullseye Collection Agency, 2009 U.S. Dist. LEXIS 41931 (D MN, May 14, 2009), plaintiffs argued that placing “WWJD” (“What would Jesus do?”) in the top corner of collection letters violated these provisions. They claimed that the practice “has the effect of invoking shame or guilt in alleged debtors and ‘portray[s] the debtor as a sinner who is going to hell.’” The court denied defendant’s motion to dismiss the claim, finding that plaintiffs had stated enough facts to make out a plausible claim. The court put off any consideration of the constitutionality of the statute.
Source:Does "WWJD" Violate Fair Debt Collection Practices Act?
In Bakersfield, California, Bruce Neal, who has taught for 20 years in the Edison School District, has filed a federal civil rights lawsuit alleging that that former Orangewood Elementary School Principal Mark Holmes engaged in religious discrimination and harassment against him from 1999 to 2008. Yesterday’s Californian reports that Neal, a second grade teacher who is also a rabbi, says that the former principal forced him to remove his yarmulke (skullcap). Neal also alleges that he was criticized for his religious diet and clothing and subjected to negative comments from co-workers about being Jewish. In 2008, Principal Holmes, who is the target of Neal’s complaints, resigned after he was charged by school officials with fostering an environment in which teachers were free to “terrorize, gossip, tattle.”
Source:Elementary Teacher Sues Charging Religious Discrimination and Harassment
This week the U.S. Senate passed S. Res. 111, “recognizing June 6, 2009, as the 70th anniversary of the tragic date when the M.S. St. Louis, a ship carrying Jewish refugees from Nazi Germany, returned to Europe after its passengers were refused admittance to the United States.” The resolution passed May 19 by Unanimous Consent.
Source:Senate Passes Resolution Remembering M.S. St. Louis Anniversary
The Treasury Department has posted online a May 12 audit report by the Treasury Inspector General for Tax Administration titled Statistical Profile of Alleged Political Intervention by Tax-Exempt Organizations in the 2004 Election Season. The audit, undertaken at the request of the Senate Finance Committee, examines the Internal Revenue Service’s performance in its 2004 initiative to promote compliance with the prohibition against political campaign intervention by non-profits. The report finds:
For the 2004 Initiative, the IRS opened 110 examinations…. Examinations most often were initiated after referrals were received from sources external to the IRS and were almost evenly distributed between churches and charities. The examinations mainly concerned tax-exempt organizations that had allegedly been involved in a single instance of potentially prohibited political intervention and involved issues/campaigns at the national level slightly more than at the State and local level. In addition, examinations involved a wide array of issues, such as distribution of printed and electronic information, as well as verbal statements and direct political contributions….As of November 2008, the IRS’ inventory system showed that the IRS had substantiated prohibited political activity in 76 (71 percent) of the 107 examinations it had completed. While reviewing case information, we found that this number was overstated. Based on our review of case files, the IRS incorrectly coded 14 cases as involving violations of the political intervention prohibition when no violations occurred. While the data still shows that a majority of examinations resulted in the IRS determining that tax-exempt organizations had violated the prohibition, it is important that this information be accurate because it is reported to external stakeholders. We determined that the incorrect coding was due to confusion over how to classify case results on the inventory system.
Source:Inspector General Reports on 2004 IRS Exams of Non-Profit Political Activities
The Washington Post today reports that Liberty University, the conservative Christian school located in Lynchburg, Virginia, has withdrawn recognition of Liberty University College Democrats as a student organization. The move comes as the University adopts a new policy governing student organizations. An e-mail sent to the group from the University’s vice-president for student affairs says: “We are unable to lend support to a club whose parent organization stands against the moral principles held by Liberty University.” (Full text of new policy and of e-mail revoking College Democrats’ recognition). Maria Childress, the club’s adviser, says she is trying to appeal the decision to the school’s chancellor, Jerry Falwell Jr. The Lynchburg (VA) News-Advance reports on a statement Falwell made today regarding the suspension:
“That club still has the right to exist,” Falwell said, although it cannot use the university’s name in its activities. “They still can meet on campus,” in certain rooms, he said. “There is absolutely no animosity at all toward any of these kids. They are good, Christian kids who sit with me at ball games. I just hope they find a pro-life family organization to affiliate with so they can be endorsed by Liberty again.”
Virginia Governor Timothy Kaine issued a statement on Democratic national Committee letterhead urging the University to reverse its decision. [Thanks to both Don Byrd and Bob Ritter for the lead.]
Source:Liberty University Revokes Recognition of College Democrats
Yesterday Ireland’s Commission to Inquire Into Child Abuse released its mammoth 2,600-page report on child abuse at Catholic institutions in Ireland from 1936 to the present. The 30-page Executive Summary and the text of the full report are both available online, as are transcripts of testimony that the Commission took in 2004 and 2005. BBC News summarized the findings:
The report, nine years in the making and covering a period of six decades, found thousands of boys and girls were terrorised by priests and nuns. Government inspectors failed to stop beatings, rapes and humiliation….
The five-volume study concluded that church officials encouraged ritual beatings and consistently shielded their orders’ paedophiles from arrest amid a “culture of self-serving secrecy”. The commission found that sexual abuse was “endemic” in boys’ institutions, and church leaders knew what was going on.
Victims of the abuse– particularly those who had testified before the Commission –were particularly upset by the fact that the report will not be used as the basis for additional criminal prosecutions. In part this is because one of the largest religious orders involved– Christian Brothers–obtained a court order in 2004 to keep all its members discussed in the report anonymous. Police were called to the news conference in which the report was released as victims who were prevented from attending began to object. BBC News has reactions of abuse victims, church leaders and political leaders.
Source:Ireland's Massive Report On Clergy Sex Abuse Released
Yesterday’s Tacoma (WA) News Tribune reports that the second of two plaintiffs in a priest sex abuse case brought against the Catholic Archdiocese of Seattle has agreed to settle for $700,000 following his testimony at trial. The Archdiocese gave plaintiff a short deadline to accept, after jurors raised some questions about the testimony. Plaintiff had already settled with other potential defendants, receiving some $600,000 from them. In the current trial, another plaintiff settled earlier this week. (See prior posting.) Both had allegedly been abused by former priest Patrick G. O’Donnell.
Source:Final Defendant Settles In Sex Abuse Case Against Seattle Archdiocese
According to today’s New York Times, four upstate New York men were arrested last night, charged with plotting to bomb two synagogues in the Bronx (as well as shoot down planes at Stewart Air National Guard base in Newburgh, NY). The criminal complaint (full text) filed against them charges them with conspiracy to use weapons of mass destruction and conspiracy to acquire and use anti-aircraft missiles. The four men, all U.S. citizens who are Muslims, were arrested after planting what they believed to be bombs in cars outside the Riverdale Temple and the Riverdale Jewish Center in the Bronx. In fact, the bombs were fake, having been provided by an FBI informant. The US Attorney’s Office for the Southern District of New York issued a press release yesterday announcing the arrests.
Source:4 Men Arrested In New York Charged With Plot To Bomb Synagogues
As previously reported, New Hampshire Governor John Lynch told the legislature that he would sign the same-sex marriage bill it had passed only if it made changes to grant stronger protections to religious institutions. According to yesterday’s Concord Union Leader, the state Senate on Wednesday agreed to the governor’s requested changes by a vote of 14-10. However later in the day, the state House of Representatives in a close vote (188-186) refused to adopt the Governor’s changes, and by a larger vote (207-168) asked the Senate to negotiate a compromise.
Meanwhile, as gay marriage seems to be gaining momentum in state legislatures, Pew Forum yesterday published a Q&A with Professors Ira “Chip” Lupu and Robert W. Tuttle, titled: A Clash of Rights? Gay Marriage and the Free Exercise of Religion.
Source:Same-Sex Marriage Not Yet A Done Deal In New Hampshire
In Westgate Tabernacle, Inc. v. Palm Beach County, (FL 4th Dist. Ct. App., May 20, 2009), a Florida state appellate court upheld Palm Beach County’s application of its zoning rules to Westgate Tabernacle’s use of its church building as a homeless shelter. The court rejected challenges under the Florida Religious Freedom Restoration Act and federal RLUIPA, finding that merely requiring a church to apply for a conditional use permit is not a substantial burden on its free exercise. Also plaintiff did not show that running a shelter at a specific location was fundamental to its religious exercise. Yesterday’s South Florida Sun-Sentinel reported on the decision.
Source:Permit Requirement For Church's Use As Homeless Shelter Upheld