Statue of Jesus and the FHA

[Volokh, Eugene]

Any thoughts about this story?  I assume that the owners might be more
motivated by esthetic concerns or complaints from other tenants, and be
using the FHA as a cover; but I wonder whether there's something to
their worries.

Also, if the policy bars religious displays (and perhaps partisan
political displays) but allows nonreligious displays -- e.g., Halloween
decorations, secular or secularized Christmas decorations, flags, and
the like -- would that itself be impermissible religious discrimination?

Eugene



http://www.thestarpress.com/article/20081103/NEWS01/811030330


For Daniel Long, the four-foot-tall statue of Jesus Christ outside his
apartment's patio door is a symbol of his faith and devotion.

For the owners of the Colonial Crest apartment complex where Long lives
on Muncie's west side, the statue is a potential violation of federal
fair housing laws and a possible affront to people of other religious
beliefs....

The 24-hour nature of Long's display -- which included a spotlight that
cast a shadow of the statue on the wall of Long's building -- was part
of the concern that prompted Colonial Crest manager Mike Desloover to
send two letters telling Long to remove the statue.

"We appreciate the diversity of our complex," Desloover told The Star
Press. "I will not participate in anything that's not open to everyone
of every race, creed, color and religion. We don't have political signs
or anything religious that might be construed to violate the protected
classes." ...

Behind Colonial Crest's concerns is the Fair Housing Act, which was part
of the Civil Rights Act of 1968. The law outlawed discrimination in the
rental or purchase of homes but also touched on many other
housing-related discrimination issues, including the display of
religious scenes and icons.

The act forbids "notice, statement or advertisement that indicates a
preference, limitation or discrimination based on religion." ...