Evenhanded urban beautification/refurbishment program and churches

[Volokh, Eugene]

American Atheists v. City of Detroit (6th Cir. May 28), upholds the inclusion of churches in an evenhanded program which covered "reimburse[d] up to 50% of the costs of refurbishing the exteriors of downtown buildings and parking lots" "in a discrete section of downtown Detroit," and "covered all property in that area, including property owned by religious organizations."  "Of the $11.5 million allocated for completed and authorized projects, 6.4% ... went to [three] churches" in the area.  The program was apparently prompted by the city's desire to put on a good face for the then-upcoming 2006 Super Bowl, which was to be held in a city-built stadium.

Any thoughts on whether the decision is sound?  In my view, it pretty clearly should be, but is it consistent with Mitchell v. Helms?  And if it sound, what does it say about the right result in Mitchell-like cases?

Eugene
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