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When the Rev. Todd Pyle decided to baptize some of his church members in the Rappahannock River last weekend, he didn't think he was violating any rules.
But afterward, Pyle, senior pastor at Cornerstone Baptist Church in Stafford County, said Falmouth Waterfront Park officials told him that river baptisms are against the Fredericksburg-Stafford Park Authority's policy.
"If it's the park policy, we will abide by it," Pyle said this week.
Some who heard about the controversy say the rule may be illegal and a form of religious discrimination.
"You can't treat religious expression in a public park any different from any other kinds of expression," said Kent Willis, executive director of the American Civil Liberties Union of Virginia in Richmond.
Park Authority Manager Brian Robinson, who approached Pyle after Sunday's baptisms, said the agency doesn't discourage religious activities.
He said religious services, political rallies and private companies that use the authority's four parks must confine their activities to a reserved shelter or room so they do not interfere with other park patrons.
Active church services, such as baptisms and revivals, or anything that "takes on a public persona that others would take offense or object to," are not allowed in the common areas of the parks, Robinson said.
"We don't have a problem with providing shelters, but we don't want others to feel forced to endure someone else's religion," he said.
In addition to Falmouth Waterfront Park, the regional authority oversees St. Clair Brooks Park and Pratt Park in southern Stafford and Old Mill Park in the city.
Park officials have had situations in the past where groups came in, set up tents and loud speakers for revivals and tried to promote their particular message to others, he said.
Members of Cornerstone Baptist, who didn't inform park officials before the baptisms, were passing out literature Sunday, Robinson said.
But the policy, which is not in writing, prompted debate last night during an emergency meeting of the Park Authority board.
The Rev. Pat Mahoney, a Spotsylvania County resident who heads the Christian Defense Coalition, attended the meeting and told board members the policy clearly violates the First Amendment to the U.S. Constitution.
Some board members were confused about the policy.
Tom Gordon, the authority's operations supervisor, said he thought certain religious ceremonies--such as Easter sunrise services--were permitted on a case-by-case basis.
Eric Olsen, the board's vice chairman, said he never understood that the Park Authority had a policy on religious activities. Olsen proposed creating a subcommittee to research the issue and report back when the board meets next month.
But Mahoney said the agency still violated the church members' First Amendment rights. He warned that his coalition may sue the Park Authority if its policy bans religious activities.
"This is crazy," said Beverly Newlin, the board's treasurer.
"This isn't crazy," Mahoney responded. "A church [being] told that it can't use a park because of content of speech is against the First Amendment."
The ACLU and Mahoney's Christian Defense Coalition--two advocacy groups that typically are on opposite sides of issues--will keep an eye on the policy.
Yesterday, the ACLU wrote a Park Authority board member asking that the agency assure the group that it has no ban on religious activities and that it will allow baptisms at Falmouth Waterfront Park.
The issue could be viewed as a gray area of the law, said Robert O'Neil, professor of law at the University of Virginia and director of the Thomas Jefferson Center for the Protection of Free Expression in Charlottesville.
Government entities often try to avoid giving the impression of endorsing religious, political or commercial events while allowing them use of parks.
But not allowing baptisms in the water is different, O'Neil said.
"If a nonprofit swimming camp is doing the same thing, would it be treated differently?" he asked. "If it's discouraged, but not forbidden, then that's a problem."
Park Authority officials say they discourage swimming in the Rappahannock River, but since the river is governed by state law, they can't prohibit people from entering the water, Robinson said.
The first drowning of this year occurred Sunday, upstream from the park just hours after the baptisms. Over the years, the Rappahannock near Fredericksburg has claimed dozens of lives, including four drownings during the summer of 2002.
As they have in past years, Park Authority staff will make life preservers available to visitors at the Old Mill and Falmouth Waterfront parks--starting Saturday.
Pyle, who baptized his son Jacob in the river Sunday, said he will find another location for future baptisms.
"It was never our intent to start a debate or create a controversy," he said. "Our desire was to celebrate the eternal life God had given us through his son Jesus Christ."
To reach JESSICA ALLEN: 540/368-5036 jiallen@freelancestar.com