Christian Persecution

Arizona Town Says No Church Meetings at Home. Period.

ADF attorneys appeal town of Gilbert’s use of zoning code to shut down small house church

March 12, 2010

The Irate Nation - Alliance Defense Fund attorneys filed an appeal Wednesday with the town of Gilbert’s zoning Board of Adjustment to overturn a decision banning churches from meeting, holding Bible studies, or having any other activities in private homes.

The pastor of the seven-member Oasis of Truth Church received a cease-and-desist letter ordering him to terminate all religious meetings in his home, regardless of their size, nature, or frequency.

“Christian church groups shouldn’t be singled out for discrimination and banned from meeting in their own homes,” said ADF Litigation Counsel Daniel Blomberg. “The interpretation and enforcement of the town’s code is clearly unconstitutional. It bans 200,000 Gilbert residents from meeting in their private homes for organized religious purposes—an activity encouraged in the Bible, practiced for thousands of years, and protected by the First Amendment.”

In November 2009, Oasis of Truth Church was ordered in a letter from a Gilbert code compliance officer to stop church meetings in Pastor Joe Sutherland’s home, based on the town’s Land Development Code. The officer was not responding to a complaint, but to signs he came across near Sutherland’s home about the meetings.

The town contends that, under its zoning code, churches within its borders cannot have any home meetings of any size, including Bible studies, three-person church leadership meetings, and potluck dinners. This ban is defended based upon traffic, parking, and building safety concerns. However, nothing in its zoning code prevents weekly Cub Scouts meetings, Monday Night Football parties with numerous attendees, or large business parties from being held on a regular basis in private homes. In fact, the zoning code explicitly allows some day cares to operate from homes.

Notably, the church only met for a few hours a week in members’ homes, and would rotate to different homes weekly. Further, the church was quite small, consisting of just seven adult members, including three married couples, and their four children.

ADF attorneys argue in their appeal that:

1. The town’s zoning code does not authorize such a broad ban on church meetings in homes;


2. The Constitution’s Free Exercise Clause doesn’t permit a ban on church meetings where all other meetings are permitted;


3. Arizona’s Free Exercise of Religion Act (FERA) protects “Arizona citizens’ right to exercise their religious beliefs free from undue government interference;” and


4. The Religious Land Use and Institutionalized Persons Act (RLUIPA) prevents zoning officials from singling out churches for discriminatory treatment.

Blomberg adds that “the First Amendment’s Free Speech Clause prevents the town from stopping the church from holding its meetings on the public sidewalk outside the pastor’s home, yet the town won’t allow him to hold the same meetings just a few feet away in the privacy of his own living room.”

Sutherland stopped the home meetings in December and requested a clarification of the restrictions from the town zoning administrator the next month. The initial informal response was followed in February by a zoning interpretation letter--offered at a $305 fee--confirming the alleged basis of the ban. The church currently holds its Sunday meetings at a local school, where it can only meet for one weekly service due to rental costs.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.

Florida Court Ruling Continues to Drive Christians to the Closet to Pray

Liberty Counsel Will Appeal and File a Direct Lawsuit Against Santa Rosa School District

February 20, 2010

Liberty Alerts, Liberty Counsel – Following Judge M. Casey Rodgers’ ruling late Friday evening, which denied the request for intervention by Christian Educators Association International (CEAI), Liberty Counsel will file a direct lawsuit against the Santa Rosa School District in Florida.

When the ACLU originally filed its suit against the District, Liberty Counsel offered to represent the school at no cost, but the offer was rejected. The new District Superintendent, Tim Wryosdick, and the school board attorney decided to cave in to the ACLU’s demands and enter into a consent decree which Judge Rodgers approved.

Representing CEAI, Liberty Counsel filed a motion to intervene in order to represent the interest of the faculty and staff, which the District and the ACLU clearly violated. Judge Rodgers’ ruling last evening, denying CEAI’s right to intervene, now means that Liberty Counsel will file a direct lawsuit against the District in order to get this unconstitutional order overturned before an appellate court.

During testimony in December, Michelle Winkler broke down on the witness stand when describing how a coworker sought comfort from her after losing her two-year-old child. The two hid behind a closet door to pray because they feared the consent decree. Denise Gibson, an elementary teacher for 20 years, testified the order forces her to tell parents she cannot respond if they talk about church or their faith. She may not even respond to an email from a parent if it contains a Scripture verse or “God bless you.” Instead, the District requires her to open a separate email to respond rather than hit “reply,” in order to eliminate any trace of religious language.

School employees are prohibited from “communication with a deity” when in their “official capacity.” They are considered to be in their “official capacity” even when not working -- whenever they attend a “school event,” which includes events during the day, including breaks, after-school events on or off campus, and privately sponsored events on campus for students.

Employees cannot bow their head or fold their hands and must prohibit others from praying, even in meetings such as Good News Clubs or privately sponsored baccalaureate services. The ACLU has dragged three employees to court already, yet, Judge Rodgers states there is no “chill” on free speech.

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented:

“The court’s ruling has elevated this case to nuclear war. Liberty Counsel’s offer to defend the school district was denied by a superintendent who chose instead to sacrifice the rights of his employees. Content with the outrageous order from the ACLU, the superintendent then opposed the request to intervene by the Christian Educators Association International. Now Liberty Counsel will file a direct lawsuit against the school district. I am confident that when an appellate court reviews this outrageous order, it will be overturned and freedom will be vindicated. Anyone familiar with constitutional law cannot believe the breadth of this order. It is blatantly unconstitutional.”