At ACLU-DE's request, management of a Claymont apartment house for the elderly changed its policy and began allowing the tenants to have a Protestant minister use a common room to conduct religious services one Sunday morning every month.

ACLU-DE had been contacted by a representative of Protestant residents of the building, who were distressed because they were not permitted to have a Protestant minister lead monthly services in their building, even though a Catholic priest was permitted to do so.

Because the building was privately owned, the residents had no right under the First Amendment to have services conducted in the building. However, the Delaware Equal Accommodation Law prohibits religious discrimination by businesses that serve the public. Thus, building management could not prevent members of one religion from hosting a clergyman while allowing members of another religion to do so.

After ACLU-DE contacted building management to bring that law to its attention, it agreed that the minister, like the priest, could use a common room for services once a month.

Date filed