Could a Louisiana city let a church use its community center for services?

Plain-English summary

Covington planned to acquire property for a community center and considered letting First Baptist Church use part of it for Wednesday evening and Sunday services for a fee. The space would remain available to others on other days. In 2000, the attorney general's office concluded that the city could contract for this nonexclusive use of its property.

The office distinguished the proposed short-term use agreement from a lease under La. R.S. 33:4712.6 because no one would have exclusive use. It recommended a standard agreement and rate schedule applied uniformly to applicants. It also said the city had to consider applicants objectively and could not deny access because of religious affiliation.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

City officials at the time

The opinion allowed Covington to contract for paid, nonexclusive use of its community center. It recommended uniform terms and rates and called for objective consideration of applicants.

Religious organizations at the time

The opinion did not treat the church's religious affiliation as a reason to deny use of an otherwise available city facility. Its conclusion concerned a paid, nonexclusive arrangement.

Common questions

Q: Was the church's proposed use a lease of city property?
A: The opinion said the proposed nonexclusive arrangement was a contract for short-term use of the facility for a fee. It was not a lease under La. R.S. 33:4712.6.

Q: Could the city deny an applicant use of the center because of religion?
A: The opinion said the city could not deny anyone use because of religious affiliation and had to give objective consideration to applicants.

Q: Did the AG require a particular rental fee?
A: No. It recommended a standard agreement and rate schedule applied uniformly, but gave no dollar amount.

Background and statutory framework

La. R.S. 33:4712.6 addressed Covington's power to sell, exchange, or lease city property. The office concluded that the proposed nonexclusive use did not fall within that statute's lease category. It said no statute specifically addressed the city's proposed short-term use arrangement, and recommended uniform agreements and rates.

Citations and references

• La. R.S. 33:4712.6 (city authority to sell, exchange, or lease property)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0340

Original opinion text

October 24, 2000
OPINION NUMUMBER 00-340

La. R.S. 33:4712.6

Mr. Keith J. Villere
The City of Covington may contract for the use
Mayor
of property that it owns to a church.
City of Covington
Post Office Box 778
Covington, Louisiana 70434

Dear Mayor Villere:

We received your request for an opinion regarding the authority of the City of Covington to lease building space to a church. Based on the information provided to us, it is our understanding that the City of Covington is acquiring property to be used as a multi-purpose/multi-agency community center. The city would like to use the community center to expand existing programs and services that the city currently offers and is considering allowing the First Baptist Church of Covington to use a portion of the facility for Wednesday evening and Sunday church services for a agreed upon fee. The facility is not to be used exclusively by any one person or entity and the portion of the facility used by the church will be available for others to use on the remaining days of the week.

La. R.S. 33:4712.6 addresses the authority of the City of Covington to sell, exchange, or lease property which it owns. However, because the facility is not for the exclusive use of any one person or entity, the arrangement proposed by the city is not a lease as that term is used in La. R. S. 33:4712.6. This arrangement is a contract whereby the city is charging a fee for the short term use of the facility. Although there is no statute that addresses this type of arrangement, we recommend that a standard agreement and rate schedule be adapted and applied uniformly to all applicants for use of the facility.

Thus, it is our opinion that the City of Covington may contract for the non- exclusive use of property that it owns. Certainly, the city must give objective consideration to all persons who wish to use the complex and the city may not deny anyone the use of the building because of his or her religious affiliation.

We trust that this adequately responds to your request. If you have any questions or comments, please contact us.

Page 2

Mr. Keith J. Villere
OPINION NO. 00-340
Page 2

With kindest regards,

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ____
TINA VICARI GRANT
ASSISTANT ATTORNEY GENERAL

RPI/TVG/crt

Page 3

OPINION NUMBER 00-340

La. R.S. 33:4712.6

The City of Covington may contract for the use of property that it owns to a church.

Mr. Keith J. Villere
Mayor
City of Covington
609 North Columbia St.
Post Office Box 778
Covington, Louisiana 70434

DATE RECEIVED: 08/30/00

DATE RELEASED: October 24, 2000

AUTHOR: TINA GRANT
ASSISTANT ATTORNEY GENERAL