* Local church can't rent Children Services Center space to conduct religious services
When it comes to nonprofit groups, the Rev. Peter Burnett's Port Charlotte International Church is about as nonprofit as it gets.
An independent assembly, the 3-year-old nondenominational laity has no formal hierarchy, no official affiliations, no church to call its own.
In fact, the 35-member congregation rents the cafeteria at Florida Prep Academy for its Sunday services.
Burnett hoped his fledging fellowship could lease space at the new Charlotte County Children Services Center for two hours every Sunday.
After all, he reasoned, the county purchased the 28,000-square-foot building on Gibraltar Street for $1.2 million to provide a venue for nonprofit groups.
Organizations such as 4-H and Boys & Girls Clubs, the Interfaith/Interagency Network of Charlotte County Inc., and Charlotte County Community Mental Health Services will occupy the building -- a former church itself.
"We are a nonprofit; we can rent like the other nonprofits," Burnett figured.
He figured wrong. "We've been told no," he said.
County Grants Coordinator Bob Hebert said Burnett's request was denied because the center cannot be used for religious services.
"A government entity can only lease space for nonprofit groups that provide a community service," he said. "The reality is you can't use taxpayer money purely to promote a religious service; a church service is not a community service."
County Attorney Janette Knowlton said negotiating long-term leases for occupancy in a publicly financed building requires a different criterion than renting space for an event on county-owned property.
Besides, she said, the center is unsuitable for short-term rentals. "This is a facility for long-term leases, not rental for special events," she said.
Hebert said Burnett used space in the center for free last year. With leases now required, that informal arrangement is no longer viable, he said.
"It has nothing to do with Peter or his church," Hebert continued. "I know Peter and I think he's great. I have worked with him in the community."
Knowlton said the center's policy differs from guidelines elsewhere regarding church use of county property.
"There is no written policy," she said. "Facilities are leased to whoever -- and that means whoever. We don't discriminate."
Knowlton said the Tentatorium, Charlotte Beach Complex, Harold Avenue and Tringali recreation centers, and other properties are often rented by churches for events, including religious services.
Other area governments' policies defining church use of public property vary widely.
North Port's protocol is well-defined; Sarasota County's policy is situational.
Charlotte and Sarasota county school districts, as well as Punta Gorda, place few restrictions on religious services.
North Port spokesman Stan Frank said city policy "is basically this: As long as a group is using it for other-than-religious services, we will consider letting the group use the facility."
North Port commissioners Monday leased an unoccupied city building to the Chabad of Venice/North Port for $1. The Jewish group will house its month-long summer program there.
That's acceptable, Frank said, but religious services are not.
"We once received a request to use old city hall as a place to hold services," he said. "That clearly is crossing the line."
"We don't have a countywide policy," said Scott Ferguson of the Sarasota County communications office. "The policy is not the same for all public buildings."
An application by a church to use library space for a religious service would be viewed differently than a similar request for an administrative center meeting room, he said.
"And what's a 'service'?' Ferguson asked. "That's where we get into a gray area."
Punta Gorda doesn't "differentiate," City Clerk Sue Foster said. "We have a specific lease agreement for use of our council chambers -- the only space we have large enough to lease."
Foster said the only stipulation placed on renters is that they pay at least four hours of salary for an off-duty city employee to unlock and lock City Hall.
"It would be the same for a religious entity as any other group," she said.
Foster asked the city council to adopt a policy after Hurricane Charley left many locals without a place to meet.
"I didn't feel comfortable making that arbitrary decision," she said.
Charlotte County school spokesman Mike Riley said the district leases space to five churches that conduct religious services on school grounds.
The board considers church groups "a public user like anyone else," he said.
All applicants must have insurance, pay fees and consent to lease conditions, Riley said.
The district "probably has about 250 user agreements" with various groups, such as Little League, Boys & Girls, the YMCA, Parks & Recreation, AAU and power squadrons, he said.
The policy has generated little comment. "We have not heard concerns from anyone," he said.
Which is why Burnett didn't see a problem with his church leasing space at the Children's Services Center like any other nonprofit group.
"There's no difference between us and the Boys & Girls Club," he said. "The only difference is we are a church."
The county says it's not a difference of creed, but deed.
"A church service is not a community service," Hebert said. "We have no choice."
You can e-mail John Haughey at jhaughey@sun-herald.com.
By JOHN HAUGHEY
Staff Writer
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