MN: Islamic charter school families seek to join legal fight over religion at school

Minneapolis Star-Tribune: “In a formal move to join the legal battle over religion at their school, several families at Tarek ibn Ziyad Academy (TiZA) have asked a judge to let them intervene as parties in a lawsuit brought by the American Civil Liberties Union of Minnesota.”
_______________

(9.29.2009) Religion Clause Blog: “In ACLU of Minnesota v. Tarek Ibn Ziyad Acadamy, 2009 U.S. Dist. LEXIS 88425 (D MN. Sept. 24, 2009) . . . the court held that the ACLU had taxpayer standing to bring an Establishment Clause challenge to funding of the school by the state and that plaintiff had sufficiently pleaded the elements of a “state action” by the sponsor, Islamic Relief.”

(7.29.2009) Sarah Lemagie reports in the Minneapolis Star Tribune: “Tarek ibn Ziyad Academy (TiZA) says the ACLU, which sued the academy in January, defamed the school and hurt its ability to hire qualified teachers, according to counterclaims filed Tuesday in U.S. District Court in Minneapolis.”

(7.22.2009) Eugene Volokh reports at The Volokh Conspiracy:

The opinion is ACLU of Minnesota v. Tarek ibn Ziyad Academy, filed yesterday. Most of it deals with whether the ACLU’s members have “taxpayer standing” to challenge the allegedly Establishment-Clause-violating program; the court said that it does, and also rejected some other procedural objections to the lawsuit. The court also concluded that the charter school is, under Minnesota law, a part of the state public education system, albeit a part that has considerable autonomy; the First Amendment thus applies to its actions. And the court concluded that the organization that runs the school is also to be treated as a state actor as to the school’s operation, because of its close involvement with the school.

ACLU of Minnesota v. Tarek ibn Ziyad Academy, No. 09-138 (DWF/JJG) (D. Minn., July 21, 2009)

(3.24.2009) StarTribune.com: “An Inver Grove Heights charter school accused of promoting the Muslim faith filed a motion Tuesday to dismiss a lawsuit brought by the American Civil Liberties Union of Minnesota. The ACLU sued Tarek ibn Ziyad Academy (TiZA) in January, alleging that the school is endorsing religion in violation of the First Amendment of the U.S. Constitution.”

(1.21.2009) Kare11.com: “The Minnesota chapter of the American Civil Liberties Union says it’s suing a charter school that caters to Muslim students.  The ACLU names Tarek ibn Ziyad Academy, or TiZA, and the Minnesota Department of Education in a lawsuit in federal court . . .”

The ACLU press release: ACLU files complaint against TIZA and MN Department of Education

From the complaint:

This is an action to obtain declaratory and injunctive relief establishing: that the operation and public funding of the Tarek ibn Ziyad Academy (“TIZA”) is unconstitutional as a violation of the Establishment Clause of the First Amendment to the U.S. Constitution; and of Article 1, Sec. 16 and of Article 13, Sec. 2 of the Minnesota Constitution; and that the leasing of space by Muslim organizations to TIZA and the resulting transfer of state funds intended for the support of charter schools to such Muslim organizations through excessive lease payments also violates the Establishment clauses and Minnesota Stat. §124D.10. The American Civil Liberties Union of Minnesota supports and promotes the free exercise of religion, including exercise expressed through schools founded upon Muslim or other religious practices. This Complaint is based upon the use of public funds to support such practices.