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FAIRFAX COVENANT CHURCH v. FAIRFAX CTY. SCHOOL BD.

Nos. 93-1334, 93-1382.

17 F.3d 703 (1994)

FAIRFAX COVENANT CHURCH, Plaintiff-Appellant, v. The FAIRFAX COUNTY SCHOOL BOARD, Defendant-Appellee. FAIRFAX COVENANT CHURCH, Plaintiff-Appellee, v. The FAIRFAX COUNTY SCHOOL BOARD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1994.

Attorney(s) appearing for the Case

ARGUED: Jordan Woodard Lorence, Paeonian Springs, Virginia, for Appellant.

Thomas John Cawley, Hunton & Williams, Fairfax, Virginia, for Appellee.

ON BRIEF: Jane E. Hadro, Paeonian Springs, Virginia, for Appellant.

Stuart A. Raphael, Kimberly A. Newman, Hunton & Williams, Fairfax, Virginia, for Appellee.

Before ERVIN, Chief Judge, and WILKINS and NIEMEYER, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

This appeal presents the issue of whether Fairfax County School Board's Regulation 8420, which establishes rental rates for off-hour use of the county's schools, violates the First Amendment of the United States Constitution by discriminating against churches. Although the Fairfax County School Board makes the county's 172 schools generally available to community and cultural organizations for use after school hours, Regulation...

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