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OHIO OFFICE: <br />G1XH=4 & CtA,= (30- XL PA. <br />7708 ENOLS ROAD, SUITE 608 <br />CLEVELAND, OHIO 44130 -- <br />TELEMMONE: ta131 399-830o <br />December 2, 1996 <br />N <br />FLORIDA OFFICE: <br />GIBBS a1 CR AZA. P. A. <br />Baas SEMINOLE BOULEVARD. SUITE TWO <br />SEMINOLE, FLORIDA 34642 <br />Mrs. Sheri 'Taylor <br />Anticx:h Primitive Baptist Church <br />2010 Vero South Circle SW, #4 <br />Vera Beach, FL 32962 <br />Dear Mrs. Taylor. <br />CALIFORNIA OFF1C[: <br />01888 & CR.A2= <br />1660 EL C"ANO NGL, RUITC 220 <br />MENLO PARK, CALIFORNIA 04028 <br />FAX: (813) 398.3007 <br />PLEASE R98POND TO: <br />MORIDA OFFICE <br />Thank you fnr contacting the Christian Law Association regarding your zoning <br />situation with Indian River County. We have prepared the: following legal Opinion <br />Memorandum which someone from your church should submit to the Board of County <br />Commissioners at its preliminary hearing. You should ask to have this Memorandum <br />entered into the record as representative of your legal position regarding this matter. <br />LEGAL OPINION MEMORANDUM <br />The Facts <br />The; Board of County Commissioners, of Indian !fiver County is considering a <br />change in local county zoning ordinance, §300.05, which requires a separution distance of <br />1000 feet between a church or school and any alcohol sales cstablisheuent where on - <br />premises consumption of alcohol is permitted. This change would be made in order to <br />allow a pi?.7a parlor closer than 1000 feet to a church to serve liquor. We are concerned <br />about the constitutional ramifications of making any change in the law only with respect to <br />churches, while keeping the law intact with respect to schools. <br />Questions or Law <br />To change ft 300.05 for churches but not for school% would clearly be <br />discriminatory and would show hostility toward religion in violation of the F-stablishrnent <br />Clause of the United States Constitution which doer: not permit laws which do not meet <br />three specific. criteria. Under the Establishment Clause test of L.ermon v Kurtzman_ 403 <br />U.S. 602, 612-13 (1971), these three criteria are: <br />First, the statute must have a secular legislative purpose; second, its <br />principal or primary effect must be one that neither advances nor inhibits <br />religion ...; finally, the statute must not foster "an excessive cntnnglement <br />N with religion." <br />It is clear that by moderating the distance between liquor establishments and churches, <br />while not moderating the distance between such establishments and schools, the Board <br />would put itself in the position of violating the primary effect criteria to not inhibit religion. <br />48 <br />DECEMBER 3, 1996 BOOK 99 f,A;c1024 <br />