Catholic school accuses Madison of religious bias in witholding permit, blocking athletic events

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A Madison Catholic school is accusing city officials of religious bias after they both prevented it from holding sporting events at an athletic complex and withheld an electrical permit needed for the installation of stadium lights.

Edgewood High School sued the city of Madison on Thursday in the latest twist in a long-running dispute between the school and the city. The high school has been holding games at its athletic field for nearly 100 years, but city officials recently ruled that Edgewood shouldn’t be allowed to have competitions there because permission for such a use isn’t explicitly provided in the complex’s master plan.

Lawyers for the school also argue that the city is withholding an electrical permit that was approved months ago. Without the permit, the school isn’t allowed to install stadium lights over the field. Madison’s Board of Zoning Appeals previously approved the permit but city officials, the school argues, have yet to deliver it.

Edgewood High School is further contending that the city is “arbitrarily” singling it out. It says permits have been granted to other Madison-area high schools, as well as athletic complexes owned by the University of Wisconsin-Madison. Many of these places, the suit contends, have the same zoning classification as Edgewood and also regularly hold sports competitions.

“Please understand that this was not a hasty or uneducated decision; the city left us no other option but to file in order to protect our rights,” wrote Mike Elliott, president of Edgewood in a letter following the lawsuit’s filing. “We do not want a lawsuit against the city of Madison. We promised to do our best to avoid litigation.”

An attorney for Edgewood did not return a message seeking comment by press time on Friday.

Tensions between Edgewood and the city began when the high school improved its athletic field and announced it was planning a $1 million project to install stadium seating, outdoor lighting and other features. The plan drew objections from some neighbors, who argued the modified stadium would disrupt life in the neighborhood.

In February, Edgewood applied for a permit so that it could have 80-foot lights installed at the stadium and could schedule night games there. The school said its permit application was modeled after a previously approved lighting project at Memorial High School, also in Madison. According to the suit, city records show the application was reviewed and approved soon afterward. But Edgewood never received its permit.

“The City is arbitrarily and capriciously withholding the electrical permits necessary to erect Edgewood’s approved and compliant lighting structures on its athletic field,” according to the suit.

Central to the dispute between the school and city are arguments about language that’s found — or, in some cases, not found — in Edgewood’s master plan. The plan says the school’s athletic field is intended to be used for gym classes and athletic practices, but doesn’t mention competitions.

This spring, city officials used a reading of Edgewood’s master plan to cite the school for two ordinance violations after it had held games on the field. The city argued that because games weren’t listed as approved uses for the athletic complex, the school was acting improperly.

Edgewood challenged that decision only to see Madison’s Board of Zoning Appeals uphold the ordinance violations in July.

In its lawsuit, which questions the board’s decision, Edgewood points to other buildings, including 11 at UW-Madison, where athletic events are regularly held even though that particular use isn’t explicitly listed in master plans. The school also claims that holding competitions is a central part of its mission and that three-quarters of the students there play a sport.

In early August, the school tried to change the language of its master plan to allow it to hold competitions. Madison Mayor Satya Rhodes-Conway initially said she would support the change, but reversed that decision after the Edgewood had filed its lawsuit, according to a statement. The school’s request to repeal its master plan is scheduled to go before city officials in early September.

“The city of Madison does not discriminate against any religion. Edgewood High School is free to pursue the repeal of its Master Plan utilizing normal city processes,” Rhodes-Conway said. “I encourage Edgewood High School to work with its neighbors to resolve ongoing tensions over the proposal to have a limited number of night games.” Follow @natebeck9