ACLU May Enter College Dispute : Concerned Over Lease of District Land to Church School

A new wrinkle in the ongoing dispute over the San Diego Community College District’s plan to lease land to a Christian school may bring court action by the local chapter of the American Civil Liberties Union.

In August, district trustees approved in principle a plan to lease land on the Miramar College campus to the Mira Mesa Christian School, a kindergarten through eighth grade school run by the Pentecostal Chapel of the Rock.

With the district’s consent, the Christian school in August moved two portable classrooms onto the grounds of Miramar College, where they are being stored free of charge in preparation for the Christian school’s move there before Christmas. To the distress of teachers at the community college, the portables and a sign bearing the school’s name are plainly visible from Black Mountain Road.

On Aug. 28, faculty opposition to the plan and new concerns by the trustees about the school’s teaching of religion held up the signing of the lease. Both sides are awaiting a legal opinion from county counsel William Taylor on whether the $1,250-a-month lease would violate separation of church and state provisions in the state and federal constitutions.

The district last week requested that the Rev. Ron Shires, pastor of the Chapel of the Rock, remove the portables “at his earliest convenience” while the legal opinion is pending.

But Shires said Tuesday that he does not plan to remove the portable classrooms before the county counsel rules. If the legal opinion is favorable, the Chapel of the Rock would have to pay to move the classrooms twice, he said.

“I just see it as foolish to get all wide-eyed and panicky, to go and haul those trailers someplace else and then bring them back in two weeks,” Shires said.

“I’ll be as prompt in moving those trailers as the county counsel has been in making a decision.”

But if Shires does not move the portables, the local ACLU--which is monitoring the situation and last month threatened legal action if the district went ahead with the lease--may become involved. The ACLU contends that it is illegal for a religious school to use the grounds of a public school, and that taxpayers should be compensated for the free storage of the two portable classrooms for the last two months.

Shires “has had free rent on that land and it is owned by us taxpayers,” said Michael Crowley, a volunteer ACLU attorney representing the Miramar College faculty. “And it is important that we be compensated for that.”

Crowley said that the ACLU is interested in settling the situation without court action, but will file a lawsuit if necessary. Last week he asked Taylor for assurances that the trailers would be removed promptly and that rent would be paid.

Shires said Tuesday that he is willing to compensate the district for the two months of storage, though no terms have been discussed. He also said he would be willing to discuss the situation with the ACLU to avoid court action.