I believe the GFSZ law doesn't have exceptions for times of day or if the school is in session or not.
As for the government building, I have no information on what happens when they are leased out.
A friend of mine in Madison used to attend his church on Sunday mornings in a part of Madison East High school that was rented out to his group....What rules apply here? Since it was rented out to another entity. I think that this church has since built their own building.
The School Board is regulated by the 'government', by state statute.
Im just wondering if its leased to a church, might that make for an entire DIFFERENT set of circumstances?
The word used in the statute does not differentiate between 'leased to' (lessee) or 'leased by' (lessor). This ground is well plowed as the search function will show.
When the phrase "political subdivision" is used in a statute chapter it is typically defined therein and typically as "village, town or county". If a school board is a "political subdivision" of the state then a citation demonstrating that would seem appropriate.
Last edited by Don Quixote; 12-20-2010 at 08:12 PM.
I don't know of any exemptions in the statutes either. That church has now merged with another well established church that did have a building on the East side of Madison. I'm not sure about the faculty and their views on the issue though.
Last edited by Motofixxer; 12-22-2010 at 09:21 PM.
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..if its 'not different'...then where are the 'seperation of church and state' people... IF its still a school/government building, and government rules apply, then a church CANT exist on said property...it seems to me that something MUST be overlooked for this to happen. The owner only retains certain rights/priveleges when it gets leased. If you lease rental property you dont retain the right to walk into it anytime you want...there are some other landlord/tenant issues im sure, none of which come to mind right now.
Amendment 1 - Freedom of Religion, Press, Expression.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Im well aware that 'seperation of church and state' is merely rhetoric...not found in hte constitution...but often cited by the left as justification for the removal of Christmas items from public areas. SO, id think that the lease would make the 'school' no longer a 'school' if its leased to a church. Because if it is a school, the state cant allow Sunday services....not sure if im making this any clearer...
Second - There was a brilliant post (by me) on the what "leased by" means not too long ago. I will excerpt it here for the benefit of all.
If the state "owns" a building but then leases it to a private entity, it (like any other landlord) temporarily gives up certain aspects of ownership. The police do not have the right to enter a public housing apartment at will. Likewise, if the state leases a building from ABC Management for office space, the building takes on the characteristic of a government building even though it is "owned" by a private company. The key is who has the right to exclude not who can sell the physical structure. If the meaning of "leased by" included state as lessor (implies owner) then the phrase would be superfluous.
Third - Renting space for a very short period of time only minimally implicates the nature of ownership. For example if the state rented a ballroom at a local hotel for some function, the ballroom is not turned thereby into a government "building."
I would not want to be the one facing a citation ffor 941.235 and having my only defense be that a School Board is not a "Political Subdivision" of the State and therefore a building owned by them is not a "public" building...
Last edited by Interceptor_Knight; 12-22-2010 at 03:10 PM.
In the case of school buildings, the GFSZ doesn't make any distinction between publicly and privately-own schools; a school is a school, and the law applies the same in either case. I don't think renting or using part of a school building for a non-school purpose, such as church, would change a thing. The school still owns it.
I imagine a different case could be made if you found a building that was partially owned by a school and partially owned by a private non-school owner. Perhaps the non-school owned portions would be regarded as any other private property within 1000' feet of school grounds.
I doubt we'd find an instance of such a building in Wisconsin, and if there is, then I can only think it's quite rare.
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It depends. If the government leased a building (or portion of a building) for an extended period of time, for governmental functions, that facility would take on the characteristics of a "governmental building" - note that "building" doesn't necessarily mean a entire structure.Which means that renting a ballroom would not make it a building owned or leased by a political subdvision of the state.
Given the purpose of the statute and the realities of a leasehold, simply looking at whose name is on the title isn't sufficient to determine if the location falls under this law.