In addition to the religious organizations, approximately 62 other secular organizations rent the school facilities during nonschool hours. The ACLU has no problem with the secular organizations but has filed suit arguing that the school should evict the religious organizations. The law on this matter is crystal clear. If a public school or any other public entity permits its facilities to be used by outside organizations, then religious organizations cannot be excluded. The constitutional principal involves equal access.
Equal access means equal treatment.
In this case the school rents to approximately 62 secular organizations. Therefore, the school cannot evict the churches. Not only must the school rent to the churches, it may not discriminate by allowing long term use by secular organizations and only temporary use to religious organizations. In one case a school district allowed secular and religious groups to rent its facilities. However, in order to force churches to move off site, the school increased the rent charged to churches over the rent charged to secular groups.