ACLJ Takes Action Against Censorship by Senior Apartment Complex That Banned Use of “Bible” in Community Room Announcements

Yesterday the ACLJ sent a demand letter to a senior apartment complex in North Carolina after it violated our client’s religious liberties under the Fair Housing Act (FHA). This is yet another in a series of attacks on Christian residents of senior apartment complexes. We continue to defend the rights of Christian residents to live out their faith free from censorship.

Here, the complex has banned our client from advertising his Bible study because the advertisement contained the word “Bible” in it. Our client leads a weekly Bible study with fellow residents in one of the complex’s small conference rooms. Before June, our client was able to advertise his Bible study with no restrictions at all. Without notice or any indication that the advertisement violated any sort of policy, the complex removed his advertisement and replaced it with “Spiritual Services.” When our client approached an employee of the complex, our client was told that the managing company does not allow “Bible” to be included in the activities that appear in the calendar. Notably, however, nonreligious events freely appear on the apartment’s calendar without any censorship.

Many senior living facilities mistakenly believe that they must refrain from any association with religion. Contrary to this belief, the FHA prevents these facilities from treating religious activities differently from secular activities. Specifically, the FHA requires that residents be treated equally without regard to their particular religion. Even if the apartment complex was applying a neutral policy that had a discriminatory effect on a protected class, such as religion, federal courts have recognized that an FHA violation could still be established. Importantly, federal courts have held that the FHA protects individuals from discrimination before and after the acquisition of their residence or property. As one federal court has explained, “Consistent with Congress’ broad purpose in enacting the FHA, its language, and HUD’s implementing regulations, courts throughout the country have held that [the FHA] applies to a myriad of activities related to housing beyond the actual selling and renting of homes.”

As we explained in our letter, a benefit is being offered here to residents to advertise resident activities on a calendar to inform current and future residents of events around the complex. There is nothing neutral about a policy that prevents advertisements with the word “Bible” in them. At the same time, the complex permits nonreligious advertisements. Further, changing the name to “Spiritual Services” intentionally mischaracterizes the religious activity involved because a Bible study is simply not a spiritual service, and the mischaracterization is based solely on the religious identity and content of the activity. Here, our client is being treated unequally with regard to his particular religion, Christianity.

This conduct is discriminatory and violates federal law. A response to our demand letter is due next week, and we are hopeful that the complex will allow our client’s advertisement to be described as a “Bible study” and not mischaracterized as something else.

We are dedicated to fighting religious censorship in apartment complexes. In fact, we recently sent a letter to the Department of Housing and Urban Development and the Department of Justice highlighting the increase in religious discrimination in senior living complexes and demanding guidance from those agencies to ensure this illegal conduct ceases.

If you or someone you know has faced religious discrimination in a senior living facility, please contact us at ACLJ.org/HELP.