Indiana is seemingly the only state that shields religious organizations from regular liability if someone is injured on their property. The state Supreme Court is considering a case that could expand that protection even further.
State law says religious organizations’ immunity from typical liability covers their “premises … used primarily for worship services.” What exactly that covers is up for debate at the court.
A man was injured while building a storage shed for an Evansville church, adjacent to its parking lot. His attorney, James Stoltz, said there are no worship services happening in that shed.
“The phrase is there for a reason,” Stoltz said. “And that phrase should not be ignored.”
Join the conversation and sign up for the Indiana Two-Way . Text "Indiana" to 765-275-1120. Your comments and questions in response to our weekly text help us find the answers you need on statewide issues.
But Alex Beeman, representing the church, noted a previous Supreme Court decision included parking lots in the law’s definition of premises. In an exchange with Justice Geoffrey Slaughter, Beeman said extending that to a storage shed is a logical step.
“Under the traditional notions of premises, I think that clearly includes any sort of out building, storage shed, dumpster on the premises,” Beeman said.
“How do we know that?” Slaughter asked.
“‘Cause I think that’s just the typical, ordinary — the plain, ordinary meaning,” Beeman replied.
There is no timetable for the court’s decision.
Brandon is our Statehouse bureau chief. Contact him at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5 .
