WASHINGTON (ABP) — A Pennsylvania county has settled a lawsuit over funding a prisoner-rehabilitation program that allegedly was filled with religious content.
Bradford County, Pa., and attorneys representing six county taxpayers agreed to the settlement in federal court April 3, according to one of the groups representing the plaintiffs. Americans United for Separation of Church and State announced the settlement, noting the county has “agreed to bar any public funding of religious activities” in future county contracts and plans to monitor future county-funded programs for compliance.
The county also agreed not to fund programs that discriminate in hiring on the basis of religion.
Moeller v. Bradford County focused on claims that the Firm Foundation program at the Bradford County Correctional Center in Towanda, Pa., violated the First Amendment's ban on government funding of religious practice. It also said the program engaged in religious employment discrimination.
The county discontinued the funding after the lawsuit was filed, reportedly for a lack of funds. But, prior to discontinuation, more than 90 percent of Firm Foundation's budget for the Bradford County program came from federal, state and local government sources. It claimed to teach life and vocational skills to inmates, who were sent out to local construction sites under the supervision of program staff. “A significant proportion of inmates' time in the program is spent not on the learning of job skills, but on religious discussions, religious lectures and prayer,” the suit said.
The program was the only job-training option offered to Bradford County inmates.
The suit also noted that requirements for program staff include religious qualifications. Quoting from a job description for a site-manager's position for the group, it said that the manager “will be a [sic] example of a believer in Jesus Christ and Christian life today, sharing these ideals when the opportunity arises.”
Attorneys for the American Civil Liberties Union of Pennsylvania and the law Firm Arnold & Porter also represented the plaintiffs.
In the settlement, the county admitted no wrongdoing and paid no damages. According to the Towanda Daily Review, county officials claimed victory.
“I'm glad it's settled. It was a liability hanging over the head of the county,” said Nancy Schrader, chair of the county commission. “I think the fact that there's been no damages awarded, to me it says we prevailed.”
Schrader also said she believed the county would have prevailed if the case had gone to trial. “When there were any concerns raised about the Firm Foundation, we did our best to investigate and follow up on them,” she told the paper.
But the Americans United statement said the settlement achieved the group's goals as far as the county was concerned. “I am pleased with this result,” Barry Lynn, the Washington-based group's executive director, said. “Taxpayers should never be asked to subsidize religious activities or religious discrimination. This settlement ensures that public dollars will be spent to advance public purposes, not private religious goals.”
The settlement only applies to the county. The suit continues against Firm Foundation itself and the Pennsylvania Commission on Crime and Delinquency, the state agency that provided funding to Bradford County.
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