Gilbert AZ Forbids Bible studys in homes

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Gilbert AZ Forbids Bible studys in homes
Topic Started: Mar 13 2010, 03:21 AM (123 Views)
bob-bob-bob	Mar 13 2010, 03:21 AM Post #1
Advanced Member Posts: 735 Group: Advanced Members Member #4,816 Joined: July 27, 2008	-------------------------------------------------------------------------------- -------------------------------------------------------------------------------- FAITH UNDER FIRE Banished! City forbids Bible studies in homes 'This letter will serve as a 10-day written notice to quit such use' -------------------------------------------------------------------------------- Posted: March 13, 2010 12:20 am Eastern By Bob Unruh © 2010 WorldNetDaily The city of Gilbert, Ariz., has ordered a group of seven adults to stop gathering for Bible studies in a private home because such meetings are forbidden by the city's zoning codes. The issue was brought to a head when city officials wrote a letter to a pastor and his wife informing them they had 10 days to quit having the meetings in their private home. The ban, however, prompted a response from the Alliance Defense Fund, which filed an appeal with the city as the first step in its campaign to overturn a provision it describes as illegal. "The interpretation and enforcement of the town's code is clearly unconstitutional, " said Daniel Blomberg, a member of the litigation team for ADF. "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." The appeal was filed on behalf of the members, all seven, of the Oasis of Truth Church. Pastor Joe Sutherland had been told in a letter from code compliance officer Steve Wallace that the people were not allowed to meet in a home for church activities under the city's Land Development Code. There had been no complaints about the meetings, which had been rotating among members' homes before the officer wrote the letter and ordered the group to "terminate all religious meetings … regardless of their size, nature or frequency," because he noticed signs about the meetings. The town interprets its law so that "churches within its borders cannot have any home meetings of any size, including Bible studies, three-person church leadership meetings and potluck dinners," ADF said. A city letter confirmed, "Given that the church is considered to be religious assembly, and given the LDC provisions prohibiting that use on Local streets without Use Permits and prohibiting it in single family residential structures, it follows that the church meetings cannot be held in the home." "The assembly activities associated with the church, including Bible studies, church leadership meetings and church fellowship activities are not permitted," wrote Mike Milillo, the city's senior planner. "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," the ADF said. The few adults in the church had meet for a few hours weekly in members' homes. The ADF argues such bans violate the Constitution's free-exercise clause, and even the state's Free Exercise of Religion Act protects such meetings. Further, the restrictions imposed by the city violate the federal Religious Land Use and Institutionalized Persons Act, which grants significant authority for churches to pursue their ministry goals. Finally, Blomberg said, "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." The small church has been forced to halt its regular meetings. It meets now in a local school but only can afford the rental once a week. A spokeswoman for the city of Gilbert told WND city officials were aware of the concern and planned to address it. Vice Mayor Linda Abbott told WND the code apparently was adopted years earlier, and there was considerable concern on the city council because of the current issues. "I'm not in favor of that code. That is something we would want revisited," she said. WND reported a similar situation in San Diego County. In that case, officials eventually withdrew a warning letter and a cease-and-desist order they had issued against a pastor who had been holding a weekly Bible study in his home. "I want to offer my apology to you, your wife and your congregation for the unfortunate events of the past several weeks," said the letter from Walter F. Ekard, chief officer of the county. "My review of the situation shows that no administrative citation warning should have been issued and that a major use permit is not required for the Bible study you have in your home." http://www.wnd.com/index.php?fa=PAGE.view&pageId=127793 Edited by bob-bob-bob, Mar 13 2010, 03:24 AM.



Wil	Mar 14 2010, 10:14 AM Post #2
Administrator Posts: 12,567 Group: Admin Member #1 Joined: September 21, 2005



Wil	Mar 18 2010, 08:27 AM Post #3
Administrator Posts: 12,567 Group: Admin Member #1 Joined: September 21, 2005	AGAIN! City orders Bible study closed Municipal rule also says praying family could be banned 'church' meeting Posted: March 17, 2010 11:25 pm Eastern By Bob Unruh © 2010 WorldNetDaily A southern California city has ordered a Friday night Bible study involving about a dozen people to shut down its meetings by Good Friday or members could face financial sanctions. Or they could apply to purchase an expensive permit from the city government. The new case is similar to two other disputes that have been in the headlines in recent months, including one last week in Gilbert, Ariz., and another in 2009 in San Diego County. However, in the case involving Rancho Cucamonga, legal experts who have come in to help Bible study members say the city knows it's targeting for banishment a Bible study and they are "not budging." In the previous cases, San Diego County officials apologized after a code enforcement officer tried to shut down a Bible study and in Gilbert, officials told WND last week that they were working on a change in a zoning requirement that had been interpreted by staff members to ban Bible studies from residences. (Story continues below) The new case is alarming because of the apparent intentional decision by the city to pursue the closure of the Bible study, according to Brad Dacus, whose Pacific Justice Institute is working on the case. "The city's stance has similarities to, but is perhaps even harsher than a pending situation in Gilbert, Ariz., and a flare-up last year over a home Bible Study in San Diego County," his organization confirmed. Yes, the Bible is completely true, but you may never have heard the spectacular, ultimate destiny God has in store for you. It's far more glorious than just floating around on clouds in heaven! Find out what you've never been told, direct from your very own Bible! Rancho Cucamonga officials are demanding that the small home Bible study group stop meeting – or apply to purchase a Conditional Use Permit which also would be required for a full church operation. Dacus said the study group has been meeting on Friday nights and averages about 15 people. Members are affiliated with Shiloh Tabernacle, which rents a community center for Sunday services. The city recently dispatched a letter to the homeowner insisting the study is not allowed because it is a "church," Dacus said. In the city, churches are required to obtain a "Conditional Use Permit" in residential areas. "The city has also indicated that no CUP would be granted and the gatherings must cease by Good Friday, April 2," PJI said. Senior Counsel Michael Peffer, who heads the organization's southern California office, represents the homeowner where the Bible study meets and is contesting the orders. "Imposing a CUP requirement on a home Bible study is manifestly absurd and unjust," Dacus said. "I don't know of a single court in America that would approve their actions." His organization previously has guided churches through the CUP process, which requires public hearings, traffic studies, architectural design reviews and even seismic retrofits – a process that can cost hundreds of thousands of dollars. "We will give the city a chance to rescind its letter without litigation, but we are fully prepared to take this as far as is necessary to defend this Bible study group – and countless others like it," he said. Multiple WND messages left with members of the city's building department as well as other city officials seeking comment were not returned. But Dacus said it's a significant problem because the city's definition of a church is so broad. "According to their definition a family praying over their dinner would qualify as a church," he told WND. The precedent that would be created should the rule stand, he said, should alarm religious people across the nation. "When you step back and look at communist China, home churches are being persecuted there. This isn't any different. And this isn't even a church, just a Bible study, facing the same ultimatums, the same demands as in communist China. "Make no mistake, if we let the city of Rancho Cucamonga get away with this, it will be a green light to every other city in the U.S," he said. "This is no misunderstanding," he said. "In this case the city knows exactly what they're doing, exactly what the facts are, and they're not budging." The city, however, has no similar restrictions for Monday night football parties or various other events that would be held in homes, PJI confirmed. http://www.wnd.com/?pageId=128825



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