Brookline To Review Policies After Food Truck Friday Concerns

BROOKLINE, MA — Brookline elected officials are set to review policies about what kinds of organizations can rent space in public buildings, according to Town Council Joslin Murphy.

This comes after some residents saw that a Christian church had donated speakers to a town event on School property, earning them a spot on a flier listing sponsors as is practice. Although there were no religious symbols, information or proselytizing, the community members raised concerns about whether Brookline should have more of a barrier between public activities and religious organizations in the community.

"A number of citizens have indicated their discomfort with the town co-sponsoring with a religious organization, in particular City on a Hill Church. Consequently, both the School Committee and the Board of Selectmen will be reviewing the town's policies in this regard," said Murphy in an interview.

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It's not unusual for municipalities or Brookline to list the names of organizations that provide equipment or volunteer time forward for town events. But, Murphy stressed, it doesn't mean the town endorses the business or organization.

"The town has engaged multiple organizations over time because it welcomes volunteerism, but in no way is it intended to be an endorsement, religious or not, frankly."

Murphy said she was not aware of any other questions being raised about church groups meeting in public buildings or co-sponsoring town events in the past.

"I do think it is an interesting and complex question," she said.

Constitution issue?

In response to the “Food Truck Friday” event that was sponsored by the Town’s Commission for Diversity, Inclusion and Community Relations on June 9 at the Driscoll School Playground, questions have arisen about whether the co-sponsorship of this event by the City on a Hill Church is a violation of the Constitution's Establishment Clause, which separates church and state.

But the church’s role as a co-sponsor was limited to providing volunteers and audio equipment for the event, said the Diversity Inclusion and Community Relations' Lloyd Gellineau who echoed Murphy's sentiment.

"It was intended to bring people in the community together for a fun, Town-wide event on a Friday evening," he said in an email to Patch.

No religious symbols, messages or banners were displayed at the event, he said. Nor were any participants in the event subjected to the religious practices of the church.

"Under these circumstances, the church’s limited involvement in this and other town events does not amount to an endorsement of the church or its religious practices by the commission or the town, and does not violate the Establishment Clause of the United States Constitution," he said, adding that the town doesn't "discriminate against applicants on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, or national or ethnic origin."

In New York, the second circuit court declared that New York did not have to rent public spaces to religious groups for the purpose of worshiping to ensure there was no violation of the separation of church and State. In Massachusetts, there doesn't appear to be a first circuit court decision on this.

The US Supreme Court has not prohibited schools from renting space to religious organizations.

Who makes the decision to rent out space at schools for meetings etc.?

The community use of school buildings is governed by School Committee policy. But the Public Schools of Brookline Operations Office, in consultation with the School Principal when necessary, take the phone calls to do the actual renting.

What are the fees for facility rental?

Anywhere from $50 to $300 for four hour increments, depending on the size of space someone wants to rent. Plus an additional $160 fee for a custodian.

Where is the revenue used for (i.e. schools etc.)?

The fee revenue is used for overtime for custodial services, purchasing cleaning supplies and equipment, and maintenance for wear and tear of the space.

Did you miss the first story? Catch up here:

Should Churches Be Permitted To Co-Sponsor Brookline Community Events?

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Photo by Jenna Fisher/Patch