The Dillon Town Council voted unanimously during a special meeting Wednesday, June 19, to overturn an earlier decision to allow the Dillon Community Church to use the town’s amphitheater this summer.

The special meeting had been called after the town government found itself in an uncomfortable legal position following the 5-1 vote last week that extended an informal policy that has allowed the church to host Sunday services at the amphitheater for years.

Dillon’s town attorney Kathleen Kelly, of Kelly PC, announced her resignation following that Tuesday, June 11, meeting where the Town Council went against her legal advice. Kelly had raised legal concerns that the town’s longstanding arrangement with the church could violate the U.S. Constitution’s First Amendment, since other private groups haven’t been allowed the same access to the amphitheater.

The Freedom From Religion Foundation, a national nonprofit that has litigated cases related to the separation of church and state, agreed with Kelly. Chris Lane, a staff attorney at the foundation, penned a June 14 letter to the Dillon Town Council raising “constitutional concern” with its vote.

“Allowing the church to use the amphitheater every week to the exclusion of all other churches, religious organizations and/or other secular community groups or individuals who wish to use this public facility impermissibly advances religion,” Line wrote. “This arrangement demonstrates not only the town’s preference for religion over nonreligion, but also a favoritism of Christianity over all other faiths and Dillon Community Church over all other churches.”

The Dillon Community Church has deep roots dating back more than a century in Dillon and has been using the Dillon Amphitheater for services in the summertime for 42 years, according to recent accounts from church leadership.

Back in April, Kelly and Dillon events and recreation director Jessie Klehfoth brought this to the Town Council’s attention, suggesting that the town formalize a policy for religious, political and other outside groups looking to rent the amphitheater. Klehfoth at the time said the amphitheater has grown to be “widely popular” and that many different religious, political and private groups have asked to use the space.

Last week, the Dillon Town Council voted down a draft policy that would have allowed only for town-sponsored and town-produced events at the amphitheater, but not private rentals, effectively ending the church’s use of the facility. Some council members said that a better policy could be drafted that allows all groups, including the church, to apply to rent the amphitheater. 

The council at the time also voted 5-1 to reinstate the informal policy allowing the church access to the amphitheater, at least temporarily while a new policy is drafted.

But after consulting with its attorneys during an executive session at Wednesday’s meeting, the Dillon Town Council returned to public session to vote unanimously not to allow any rentals of the amphitheater while a new policy is drafted.

Council member John Woods said, “I’m going to vote for this pause because we don’t want the public knocking down the doors of our staff in the meantime until we come up with a solution.”

Earlier in the night, members of the public crowded into Dillon Town Hall, some spoke in favor of allowing the Dillon Community Church to use the venue, while others called it a violation of the Constitution.

At least one public speaker noted that another legal group, the First Liberty Institute, had sent a letter to the Town Council, opining that the decision to allow the church to use the amphitheater doesn’t violate the First Amendment.

After the executive session, Mayor Caroyln Skowyra said that the Town Council will continue to discuss a policy for outside groups seeking to use the amphitheater during its work session next Tuesday, June 25.

Council member Renee Imamura said the discussion would be about opening the amphitheater up to all nonprofits.

But Skowyra added, “We haven’t really made any decisions yet.”