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04-28-2003, 05:42 PM | #21 |
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Location: Lancaster, OH
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I just sent this to my city's law director;
To Whom It May Concern; The city's closing of offices this April 18 was referred to as a "Good Friday" closure. Several court decisions have upheld such closures IF the reason is secular. See Granzeier v. Middleton, 173 F.3d 568 (6th Cir. 1999)(court classified "Spring Holiday" on Good Friday as secular); Koenick v. Felton, 190 F.3d 259, 266 (4th Cir. 1999) (statute providing for public school holiday on Good Friday constitutional because the holiday was "necessary due to the high rate of absenteeism expected"); Bridenbaugh v. O'Bannon, 185 F.3d 796, 799 (7th Cir. 1999) (state enunciated a secular purpose for recognition of Good Friday as a legal holiday for state employees when it enacted holiday as a "Spring holiday . . . during a period of time in which there would be over four months without holidays"); Cammack v. Waihee, 932 F.2d 765 (9th Cir. 1991); Franks v. City of Niles, 1982 WL 460 (N.D. Ohio 1982). However, it is problematical if the reasons might be religious in nature. See Metzl v. Leininger, 57 F.3d 618, 620 (7th Cir. 1995) (holding that designating good Friday as a paid holiday for public school teachers was unconstitutional because the governor "made clear that the purpose of [the holiday] was to encourage Christian religious observances"); Freedom From Religion Foundation v. Thompson, 920 F. Supp. 969 (W.D. Wis. 1996). May I suggest that, in the future, the city should consider calling the holiday a "Spring Break" to be clear that the primary purpose is not religious in nature. Sincerely, GaryP Lancaster |
04-29-2003, 02:25 AM | #22 |
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Join Date: Jan 2003
Location: OH
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My employer did away with the Good Friday holiday this year and changed it to an extra floating holiday which of course would allow someone of another faith (or none) to choose what day they want to celebrate. The only comments I heard on the subject was that those who had to work were not going to get free meals for being there.
An example of a school holiday that exists solely due to expected absentee rates is that is our area of West Virginia, they close the schools for the first week of hunting season. They used to have so many students absent that they just gave up and went with it. So hunting season is a school holiday there. |
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