FAITH CENTER CHURCH v. GLOVER

No. 05-16132.

462 F.3d 1194 (2006)

FAITH CENTER CHURCH EVANGELISTIC MINISTRIES, a California non-profit religious corporation; Hattie Hopkins, an individual, Plaintiffs-Appellees, v. Federal D. GLOVER, member and Chair of the Contra Costa County Board of Supervisors; Mark DeSaulnier; John M. Gioia; Millie Greenberg, members of the Contra Costa County Board of Supervisors; John W. Sweeten; Anne Cain, Contra Costa County Librarian; Patty Chan, Senior Branch Librarian for the Antioch Branch of the Contra Costa County Public Library; Laura O'Donahue, Administrative Deputy Director for the Antioch Branch of the Contra Costa County Public Library; Gayle B. Uilkema, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2006.


Attorney(s) appearing for the Case

Silvano B. Marchesi, Kelly M. Flanagan, and Danielle R. Merida, County Counsel, Martinez, CA; Debra S. Belaga and Colleen M. Kennedy, O'Melveny & Myers LLP, San Francisco, CA, for the appellants.

Benjamin W. Bull, Gary S. McCaleb, and Jordan W. Lorence, Alliance Defense Fund, Scottsdale, AZ; Elizabeth A. Murray, Alliance Defense Fund, Washington, D.C.; Timothy D. Chandler, Alliance Defense Fund, Folsom, CA; Terry L. Thompson, Law Offices of Terry L. Thompson, Alamo, CA, for the appellees.

Before: RICHARD A. PAEZ and RICHARD C. TALLMAN, Circuit Judges, and LAWRENCE K. KARLTON, Senior District Judge.


PAEZ, Circuit Judge:

This appeal from the grant of a preliminary injunction involves an evangelical Christian church seeking access to a public library meeting room to conduct, among other activities, religious worship services. We are called upon to navigate between two equally important interests: the church's right to access a government building that is open to other groups, and the government's right to preserve its property for its intended uses. We conclude...

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