Rights, Quiet Enjoyment, and Managing Protest Activity
Nonprofit organizations, including houses of worship, community service groups, arts organizations, and charitable programs, frequently lease space in public buildings such as schools, municipal centers, and city-owned facilities. These arrangements are lawful, common, and often mutually beneficial. Yet they can become complicated when protesters object to the nonprofit’s presence or attempt to disrupt activities.
Understanding the legal framework is essential for nonprofit leaders, school districts, and municipal landlords. Once a nonprofit becomes a bona fide tenant, the relationship is governed not by public-forum rules but by landlord-tenant law, contract principles, and the constitutional requirement that public entities treat all tenants equally.
This updated article expands the analysis to all nonprofit tenants, including but not limited to houses of worship.
1. A Nonprofit Tenant Is Still a Tenant—Even in a Public Building
When a nonprofit signs a lease with a public school district or municipality, it becomes a tenant with enforceable rights, not a mere user of public space.
Possessory Interest
A valid lease grants the nonprofit a temporary property interest in the specific area it rents. During the lease term, the nonprofit, not the public, controls that space.
Right of Quiet Enjoyment
Every tenant, including a nonprofit leasing public property, is entitled to the covenant of quiet enjoyment, which requires the landlord to:
- Ensure the tenant can use the space without unreasonable interference
- Address disruptions that hinder the tenant’s activities
- Protect the tenant’s lawful occupancy
This covenant applies regardless of whether the landlord is a private owner, a school district, or a city government.
2. Public Building vs. Leased Space: An Important Distinction
A common misconception is that because a building is publicly owned, anyone may enter or protest anywhere inside. That is not how the law works.
Public Ownership Does Not Create a Public Forum
Most areas inside public buildings, especially schools, are nonpublic forums. Access is controlled, and the government may impose reasonable restrictions.
Once a space is leased, it becomes temporarily private for the tenant’s use, even though the building remains publicly owned.
If Protesters Enter the Leased Area
If individuals enter the nonprofit’s leased space and refuse to leave:
- They may be treated as trespassers
- The nonprofit may request assistance from the landlord or law enforcement
- The landlord has a duty to enforce access rules and protect the tenant’s rights
If Protesters Remain in Common Areas
This is where nuance matters.
If the nonprofit leases only part of the building, such as a gym, cafeteria, or meeting room, protesters in hallways or parking lots may not be trespassing. However:
- The landlord still controls those areas
- Disruptive behavior can violate school policies, municipal codes, or state laws
- The landlord must prevent unreasonable interference with the tenant’s activities
The nonprofit does not need to tolerate disruptions simply because the building is public.
3. The Landlord’s Obligations: Why Public Entities Must Act
Whether the landlord is a city, county, or school district, it has both contractual and operational responsibilities.
Contractual Duties
If the lease includes quiet enjoyment, and most do, the landlord must:
- Maintain order
- Enforce facility-use policies
- Address disruptions promptly
- Protect the tenant’s ability to use the space
- Failure to act can constitute a breach of contract.
Financial and Operational Interests
Public entities benefit from leasing space:
- Rental income supports budgets
- Community partnerships enhance public services
- Consistent enforcement avoids claims of unequal treatment
Allowing disruptions threatens these interests and may expose the landlord to legal or reputational risk.
4. Community Pressure and Political Dynamics
Nonprofits, especially houses of worship, sometimes face ideological opposition when meeting in public buildings. Opponents may:
- Pressure school boards or city councils
- Organize protests
- Spread misinformation about constitutional issues
- Attempt to intimidate the tenant or landlord
However, federal law is clear: public entities may lease space to religious and nonreligious nonprofits on equal terms. Denying access because of a group’s mission or viewpoint is unconstitutional.
Still, political pressure can influence decision-makers, making it essential for nonprofits to:
- Maintain a professional relationship with the landlord
- Document disruptions and the landlord’s response
- Demonstrate compliance with all lease terms
- Communicate respectfully with the community
5. Practical Steps for Nonprofits Leasing Public Property
- Review the Lease Thoroughly
Key clauses include:
- Quiet enjoyment
- Access and security responsibilities
- Use of common areas
- Remedies for interference
If the lease is silent, state law typically supplies default protections.
- Establish Clear Communication with the Landlord
Discuss expectations for:
- Handling protests
- Access control
- Parking and traffic flow
- Emergency procedures
- Incident reporting
3. Document All Disruptions
If protesters interfere:
- Record behavior safely
- Notify the landlord immediately
- Request enforcement of policies or trespass laws
- Keep written records for future reference
4. Avoid Direct Confrontation
Nonprofit staff and volunteers should not engage with protesters. Enforcement is the landlord’s responsibility.
6. The Bottom Line
Whether the tenant is a house of worship, a youth nonprofit, a cultural organization, or a charitable service provider, the legal principles are the same:
- A nonprofit leasing space in a public building is a tenant with enforceable rights
- The leased space is not a public forum
- Protesters do not gain special access simply because the building is publicly owned
- The landlord must protect the tenant’s quiet enjoyment
- Equal-access principles prevent discrimination based on viewpoint or mission
Nonprofits should expect, and insist on, the same protections any tenant would receive in any other building.
