A religious group building a massive Noah’s Ark tourist attraction in Kentucky has won a legal battle over the state’s withdrawal of a potential tax incentive worth millions.
A federal judge ruled Monday that Kentucky officials violated the ark builders’ First Amendment protections by blocking it from the sales tax tourism incentive that could have been worth up to $18 million.
The Ark Encounter, being built by Christian group Answers in Genesis, is due to open in July.
U.S. District Judge Gregory Van Tatenhove ruled the state’s Tourism Cabinet cannot exclude the ark attraction from the incentive based on its “religious purpose and message.” The state initially celebrated the project but reversed course in late 2014.
Answers in Genesis founder Ken Ham says the ruling is a “victory for the free exercise of religion in this country.”
“The state gave us no choice but to bring this legal action,” Ham said in a release Monday night. “We, along with our attorneys, tried for many months to show these officials why their actions were blatantly violating our rights under the federal and state constitutions.”
State tourism officials, under former Kentucky Gov. Steve Beshear, said they chose to block the $90 million attraction from the incentive in late 2014 after seeing statements from website postings and investor meetings that indicated the park would “be an extension of (Answers in Genesis’) ministry.”
Republican Gov. Matt Bevin, who took office in December, has said that he supports tax incentives for the project.
Answers in Genesis filed the federal lawsuit in February.
Lawyers for the group argued in a court hearing in July that they should not face different treatment for the incentive just because the attraction would have religious themes. They asked the court to grant a temporary injunction against the state.
Van Tatenhove agreed, writing in the Monday ruling that because the tourism incentive “is neutral, has a secular purpose, and does not grant preferential treatment to anyone based on religion, allowing (Answers in Genesis) to participate along with the secular applicants cannot be viewed as acting with the predominant purpose of advancing religion.”
The incentive allows major tourism projects in Kentucky to recover 25 percent of development costs through sales tax rebates. It has been awarded to bourbon distilleries, hotels and a speedway that hosts a NASCAR race.
The Ark Encounter, with a 510-foot wooden ark as its centerpiece, is due to open July 7 in Williamstown.
The Associated Press contributed to this article.
Idiocy!!!
What’s idiocy is the fact that the state would discriminate against the group simply because they are christian. So I guess that makes you an establishment loving christian hater huh? Welcome to the common sense of door knobs Joseph!!!!
God didn’t think of it that way when Noah built the ark you know the one in the bible. You are the kind of person I pray for
The USA is falling into the depth of hell. Once it was a great Christian nation, which helped Christianize many countries, not with violence, but with love, through dedicated missionaries. Now it is fast becoming a Satanic and Atheist , country. Repent America, and turn again to God!
The US was never “a great Christian nation”. It was created as a secular nation.
This fraud must be stopped by an immediate appeal, and prey that the court smacks Hamm so hard he wakes up on Mt Ararat.
Grover, no offense, truly, but you make an ignorant statement when you say the US was created as a secular nation. Read history and get the facts, then rejoin the conversation. Our founding fathers definitely had strong faith in God and structured our nation under their faith. There may be room for argument they were diests, stating strong faith & belief in God the Father. Jesus was not mentioned as much, which is where one may then debate whether they were Christians, following Christ, or diests. Or perhaps that distinction wasn’t important to them. If you seek the truth with open mind, you will learn from it. Knowledge is power. Study history about the founding fathers. It’s fascinating!
Good for you Keith.
You made a mistake by combining personal and public. While the founders were religious, they were of many different Christian beliefs and recognized that there would be much trouble if they didn´t handle the problem in the Constitution. So, they eliminated the problem by effectively saying any religion was permitted. That means, not only various Christian religions , but also Jewish, Muslim, and any other that would pop up after the Constitution was written. So, the country was not ¨meant¨ to be Christian even though the great majority of the population was one kind of Christian or another.
Grover, perhaps you should ride the ark and maybe it would take you to some common sense! SMACK!!
Amen
THE JUDGE DID THE WRIGHT THING! NOW THINGS WILL GO GOOD NOW.
If memory serves me correct, Answers in Genesis also spoke against homosexuality, which drew the ire of gay rights activists.
Once opened this will become a tourist attraction. Ark visitors will spend money in the state. Kentucky will make money off the sales tax coming from the Ark. The state will collect taxes on the food and gas purchased in Kentucky by those traveling to and from the Ark. Kentucky has an income tax. Ark employees pay Kentucky income taxes. Construction crews are paying Kentucky income taxes on their wages. Construction companies are paying sales taxes on the materials used to build the Ark park. The incentives were originally awarded because state officials realized Kentucky stood to make more off the park than the state was going to give in incentives.
I don’t think the religion game is a wise one to play as it regards tax incentives. There are a lot of Kentuckians whose religious beliefs oppose the sales and consumption of alcoholic beverage. The state seemed to have no problem ignoring those beliefs as it awarded incentives to the distilleries.
Justin,
This fiasco will go bankrupt with in 2 years, and the locals will be stuck with the mess.
Hopefully, the decision will be challenged in a higher court, and will be reversed.
Grover, why the hate pal? What about this is so threatening to you? You think their efforts are in vain, then sit back quietly and let it happen. If you think it’s fiction, then ask yourself why does that threaten and anger you. If fiction is the problem then go protest Disney and their fantasyland, and Hollywood’s production of fiction and violence which actually is harmful. Chill dude!
Arguing the case on religious freedom was brave and hopefully holds up if appealed. Likely been safer as a freedom of speech case since the court has ruled unanimously against proscribing religious activity based on the (religious) content of the “speech.” Several cases, but most remarkably the 2001 9-0 Supreme Court decision in Good News Club v. Milford Central School District. Other federal court cases build upon this clear “bright line” standard. Government cannot (lawfully…) discriminate because the message (speech) is religious. That said, both legality and street-level reality can get lost in the misty haze of hatred and self-interest.
C’MON, this is a victory for all liberal, open-minded people who believe and preach that everyone should accept all people and treat everyone equally no matter their self identity or faith! You got what u fight for daily; equal justice without discrimination against any person or group. Victory for all. And now it is A.I.G’s oppty to show God’s love and embrace all people who visit (with proper intention) regardless of who they are or what they believe. AIG, you must trust God to work His will through your work as He sees fit. Seed that falls on fertile ground will grow, what does not today, may in time, but that is not your burden. Yours is to share and love.
I have 69 years on this earth and this is the most stupid thing I have ever heard of next to legalize POT.
Why?
Good for them! This judge should be commended for his action in this matter, and, shame on that state for having the common sense of door knobs, and being hypocrites to boot! One fine instance where justice prevailed, and a wonderful judge who took his oath seriously to uphold the constitution! HALLELUJIA!!!! Noah would be proud!! LOL!!!
Well, I am thrilled that the judge ruled in favor of the law and Answers In Genesis. There are just too many officials who are allowing their personal prejudice to influence their judgment of the laws.