Ariz. Town Votes To Amend Zoning Code Allowing For Church Services In Homes
Cease and Desist letter sent to the Pastors of Oasis of Truth Church in November 2009. The letter states the zoning code "prohibits the use of single family residential structures for Religious Assemblies." (Click to Zoom)
The Mayor and Council Members of Gilbert, Ariz., unanimously agreed Monday evening that the town must not regulate Church services and “religious assembly” in homes; a move prompted after a Church received a cease and desist letter from a city official that said they could not meet in their home for religious purposes.
The controversial zoning code, originally designed for safety and to keep traffic down in neighborhoods according to the City, reads: “Religious assembly uses are not permitted in single family residential structures.”
Pastor Drew Sutherland, with the Oasis of Truth Church, told the audience and Council, “We have been obviously disappointed with the code,” but added that the response by city officials over this problem have been professional.
“Despite the difficulty this has caused and maybe a little bit of disruption that this has caused, we firmly believe that God is in control,” explained Sutherland.
Gilbert Mayor John Lewis explained that the Town of Gilbert is “known as a family-oriented community and our faith groups are a vital part of our Town. We want to keep it that way.” Lewis mentioned that he, along with Town Manager Collin DeWitt, had the privilege of attending a Sunday worship service of Oasis of Truth Church — the Church that received the cease and desist letter earlier this month — and said they “had a wonderful experience” and “are glad that they selected Gilbert as their home.”
Mayor Lewis said the Town Council did not know about the incident until media had reported it.
“It is unfortunate that the Council did not know about information given to the Oasis of Truth Church. Gilbert is known as a family-oriented community and our faith groups are a vital part of our Town. We want to keep it that way,” said Lewis.
General Council for the Town of Gilbert, Susan Goodwin, proposed four options for the City and went through various pros and cons of each. Some of the options suggested to put definitions on what constitutes ”religious assembly” and “place of worship.”
Councilmember Steve Urie, seemed frustrated at the complexity of such a proposal and told Goodwin that the zoning ordinance should not try and define what a religious assembly is and isn’t or what would classify a place of worship or church, and thereby add to the problem.
Urie noted that no one complained about the Oasis services and the complaint came from a city compliance officer who spotted signs that the services were held in a residential home. He then proceeded to mention that in the past week, people in his neighborhood conducted Bible Studies, Club meetings and other numerous events and parties. He emphatically stated that just as the city should not regulate these gatherings, they shouldn’t regulate if people want to meet in their homes for religious purposes either.
“My suggestion would be simply saying assemblies are permitted in single family residences,” said Urie, “provided there isn’t a problem with parking, traffic or other public safety issues.” Local residence who attended the meeting applauded the comment.
Councilmember Jenn Daniels agreed with Urie and informed Goodwin: ”I’m not willing to regulate what goes on in peoples’ homes.”
All of the town members unanimously agreed to start the process to amend the zoning ordinance to be favorable to the religious community. Several members mentioned the importance of such faith-based house meetings and how it has had a positive impact in their personal life. Councilmember John Sentz explained that he was involved with a Church that had its beginnings meeting in a home.
“Our vibrancy is enhanced with our strong faith-based groups. Our partnership with our local ministers and pastors is excellent. Gilbert is considered a religious friendly area. Religious activities occur all over Town and most especially in our homes. The Town Council and our citizens will keep it that way,” said Mayor Lewis, summing up the thoughts of each of the members.
Lewis also said the town prides itself on the religious liberties found in the Constitution and shared that Gilbert’s annual Constitution Week has become the largest celebration of the US Constitution in America.
Doug Napier with the Alliance Defense Fund, who is representing the church, was encouraged by the town’s response and said his clients simply want them to comply with constitutionally-protected religious freedoms. “If it’s a level playing field, we’re good with that. Because we’re going to be good neighbors. We’re going to be good citizens.”
Gilbert will hold public hearings on the motion and is expected to finalize the ordinance in June. The city council noted that it has already suspended enforcement of the ordinance.
Oasis of the Truth Church is currently renting space at a local school.
Related posts:
- Ariz. City Says No Religious Meetings In Home, Period.
- NH Church Receives $1.15 Million Over Unfair Zoning Restrictions
- Town Recants Religious Discrimination Policies
- Criminal Conviction Against Pastor For Ringing Church Bells Overturned
- Pastor Invites Church Members To Bring Guns To Services
Short URL: http://www.christianlawjournal.com/?p=18089
[...] Christian Law Journal: “The Mayor and Council Members of Gilbert, Ariz., unanimously agreed Monday evening that the town must not regulate Church services and ‘religious assembly’ in homes . . . Doug Napier with the Alliance Defense Fund, who is representing the church, was encouraged by the town’s response and said his clients simply want them to comply with constitutionally-protected religious freedoms. ‘If it’s a level playing field, we’re good with that. Because we’re going to be good neighbors. We’re going to be good citizens.’” [...]