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Heidelberg council adds clause to park lease restricting uses contrary to Catholic Church teachings
Summary
On Sept. 9, 2024, the City of Heidelberg council voted unanimously to add a clause to the park lease prohibiting uses that are 'substantially and significantly contrary to, or which is inconsistent with, in opposition to, or which ridicules the teachings and practices of the Catholic Church.'
At its Sept. 9 meeting, the City of Heidelberg council approved an amendment to the park lease that adds a tenant restriction regarding religiously objectionable uses.
The minutes record the exact clause adopted: "The tenant shall not use or allow others to use the Leased Premises for any use or purpose which is substantially and significantly contrary to, or which is inconsistent with, in opposition to, or which ridicules the teachings and practices of the Catholic Church." Council member Rachel Meger moved to add the statement to the lease; Ted Odenthal seconded. The motion passed unanimously (5-0).
The meeting minutes do not record any discussion of the legal review, enforcement mechanism, or whether the city attorney or other counsel advised on potential First Amendment or state-law implications. The minutes also do not state whether existing or prospective tenants were consulted or whether the change affects any current leaseholders.
The council approved the amendment as a matter of new business; the minutes list the clause verbatim and record the unanimous vote but do not list next steps for implementation or any referenced legal authority.
