A church fighting to stop a major university in Maine from selling a Belfast property it had won the right to purchase to another buyer is filing an appeal against what a ruling in what it has called discriminatory action, new legal documents show.
Earlier this year, a federal judge refused to grant a preliminary injunction blocking the University of Maine System (UMS) from selling a campus property after reneging on its original deal with Calvary Chapel in Belfast.
This decision has now been appealed on behalf of the church by Liberty Counsel, a self-described Christian ministry organization.
Calvary Chapel Belfast filed a lawsuit against the school in late November after UMS went back on their offer to sell the former Hutchinson Center to the church, alleging that the offer was rescinded due to the “church’s scriptural beliefs on marriage and sexuality.”
UMS, on the other hand, has said that it changed it’s mind because the original evaluation criteria used “did not adequately allow for the full financial impacts of proposals to be considered,” particularly with respect to the internet access hub located at the site.
Federal Judge Stacey Neumann’s ruling pointed toward a lack of “any direct or circumstantial evidence” connecting “community animus” against the church to UMS’ decision to reverse course on the sale.
In a statement released Friday, Liberty Counsel explained that their brief cited decisions from “at least four other appeals courts” that made clear “when adverse government actions follow in sequence after ‘bigoted community opposition,’ any ‘direct and circumstantial evidence’ of discriminatory intent is ‘valid.'”
“Here, the sequence of events speaks volumes,” Liberty Counsel argued in its brief.
At the time, UMS defended its decision to sell the Hutchinson Center to Calvary Chapel Belfast in the face of public criticism, explaining that the church had the highest-scoring proposal and “the university cannot discriminate, including on the basis of religion.”
“Doing so would be against the law and inconsistent with the university’s commitment to inclusion,” they wrote.
The University further noted in this statement that they had received at least 135 comments from members of the public regarding their decision to sell to the church.
UMS Vice Chancellor for Finance & Administration said in a later statement justifying their decision to rescind the church’s offer, however, that while the request-for-proposals was conducted with “integrity and full transparency,” the evaluation criteria used “did not adequately allow for the full financial impacts of proposals to be considered.”
[RELATED: UMS Rescinds Offer to Sell Hutchinson Center to Belfast Church]
Calvary Chapel Belfast’s case rests on allegations that their rights have been violated under the Constitution’s Equal Protection and Free Exercise clauses of the Fourteenth and First Amendments, respectively.
The Equal Protection clause guarantees that laws must be applied fairly such that people and entities in similar situations are treated alike under the law.
The Free Exercise clause, typically identified as the right to freedom of religion, protects the right to actively practice one’s religion.
Taken together, these clauses are generally understood to require the government to act neutrally with respect to religious beliefs.
Although Judge Newmann denied the church’s request for an injunction, potential purchasers are notified that any sale of the Hutchinson Center may be unwound as a result of Calvary Chapel Belfast’s lawsuit.
The Hutchinson Center previously served as “an educational and cultural center for the mid-coast area” according to the Penobscot Bay Regional Chamber of Commerce. The University officially closed the Center two years ago in response to a decline in usage.
Housed within the Hutchinson Center is an internet access hub, strategically located such that it can help provide internet connectivity throughout the state. As part of the Center’s sale, UMS explained that it anticipated needing to relocate the hub “to a purpose-built utility building.”
[RELATED: Hutchinson Center Sold to Taxpayer-Funded Nonprofit After UMS Reneges on Church’s Offer]
Following a second request-for-proposals, UMS announced that Waldo Community Action Partners (WCAP) — a 501(c)3 funded almost entirely through taxpayer dollars — offered $3.06 million for the property, about half a million more than the appraised value of $2.52 million.
The Future of the Hutchinson Center Steering Committee/Waterfall Arts offered $1.8 million for the property, and Calvary Chapel Belfast offered $1.1 million.
WCAP says it intended to use the property as a community resource hub that houses the organization’s programs and serves as a community center.
Had their offer been accepted, Calvary Chapel Belfast intended to use the Hutchinson Center to house its addiction recovery efforts, as well as its homeschool co-op program.
All three bidders agreed to lease the space currently housing an internet access center back to UMS for five years at no cost.
“Calvary Chapel Belfast rightfully won the University of Maine System’s first bidding process,” Liberty Counsel Founder and Chairman Mat Staver said in a statement.
“The church participated in the bidding process in good faith, but UMS then unlawfully rescinded their winning bid due to its religious beliefs under the excuse of procedural deficiencies,” said Staver. “Such discrimination is unlawful, and an injunction is necessary to restore the church’s bid award and stop these unconstitutional actions.”
As a result of this appeal, Calvary Chapel Belfast hopes to see the circuit court reverse Newmann’s decision and grant them an injunction against the sale of the property while their lawsuit is pending.
