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Across America, Cities are Criminalizing Compassion

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August 16, 2024
Cities are Criminalizing Compassion | FLI Insider

by Dan Gilmore • 5 minutes

All across the country, as respect for religious freedom lessens, houses of worship are being singled out and harassed for carrying out their religious mission. Cities are trying to shut down ministries that take care of the most vulnerable among us.

Whether it’s churches that open their doors to give people a place to stay or those that feed the hungry, it seems that city officials are fixated on criminalizing compassion.

Just look at these cases First Liberty is fighting right now.

City officials in Bryan, Ohio continue to target Pastor Chris Avell of Dad’s Place Church.

Pastor Chris made the decision last year to open Dad’s Place 24/7 to serve and minster to anyone who needed help. When bitter winter weather hit the region, many people had no place to go. The church welcomed them in. But Mayor Carrie Schlade decided to launch a crusade against the church. On top of trying to shut down the ministry, the city also criminally charged Pastor Chris.

The city even sent police and fire officials to Dad’s Place at 5:30 a.m. one day for an unannounced inspection and alleged fire code violations. They threatened fines of $1,000 per day. On top of that, the city has now filed a new civil lawsuit against the church in an effort to force the church to evict anyone seeking shelter at the church.

We recently filed in federal appeals court on an emergency posture, arguing that this unlawful harassment must stop.

Pastor Michael Polhemus and The Rock church in Castle Rock, Colorado are facing similar harassment. The church uses two RVs as temporary shelter for people needing somewhere to stay while they get back on their feet.

The RVs are parked on a large, back parking lot on part of the church’s 54-acre property that backs up to the Rocky Mountains and is more than 400 feet from any residential property. But the Town of Castle Rock is trying to stop the church from giving the homeless a place to stay in a pinch.

The town says the temporary shelter ministry violates zoning ordinances and is calling for an end to the effort. It has essentially decided it’s illegal to offer temporary shelter to the homeless, but okay to let them freeze on the frigid sidewalks.

In keeping with their religious beliefs, Pastor Michael Polhemus and the church have not stopped fighting to fulfill their mission so that they can continue to care for those in need of emergency shelter, despite the attempt to shut them down.

In response, the town is openly retaliating. Officials threatened to revoke the license of the coffee service housed in the church and forced the end of the church’s partnership with the county’s low-income housing program.

We filed a federal lawsuit in May asking the court to stop the town from abusing its code and to allow the church to continue its ministry. A federal judge recently granted our request for a preliminary injunction, which means the church can keep helping people in its community while the case works its way through the courts.

This was a crucial first victory, but the legal battle in Castle Rock isn’t over. There’s still work ahead to fully ensure this church can fulfill its mission and care for those in need.

Pastor Jose Castro and Gethsemani Baptist Church in San Luis, Arizona are also being targeted for feeding the hungry.

For 25 years, the church’s food ministry has helped hungry families. The congregation has distributed hundreds of thousands of pounds of food. About 300 families received food with every distribution. The church also donates food to other churches in surrounding cities and even across the border into Mexico.

But San Luis city officials are trying to shut down the church’s food ministry.

City officials have sent multiple letters ordering Pastor Jose and the church to stop their food distribution ministry. City code enforcers have even showed up unannounced to issue citations.

Because of the City and Mayor Nieves Riedel’s intimidation tactics, Gethsemani has been forced to significantly cut back its ministry, which means a lot of people are going hungry.

We filed suit in federal court March. Recently, the U.S. Department of Justice (DOJ) filed a statement in federal court supporting our clients. The DOJ explained that Gethsemani Baptist has a strong case under federal law, which clearly protects houses of worship from unreasonable government interference with their religious exercise.

Seventh Day Baptist Church in Daytona Beach, Florida also operates a food pantry to distribute free food to people in need. The pantry has been in operation since 2007. But last fall, the city ordered the church to halt its food distribution ministry. Local officials claim the church is violating a city ordinance prohibiting churches from having food pantries in specific “redevelopment” areas of the city.

Seventh Day Baptist’s food pantry was founded years before the new city code was passed. At times the city even seemed supportive. A city commissioner once showed up at the church on a food distribution day and told church leaders the city appreciated what they were doing and wanted to partner with them. And while this church is still fighting in court, other churches and secular organizations in Daytona Beach’s redevelopment areas are allowed to operate food pantries without any backlash from the city.

We recently filed a lawsuit asking a federal court to allow the church to reopen its food pantry.

Criminalizing compassion betrays everything that religious freedom in America is about. Churches shouldn’t be threatened or fined for feeding the hungry and caring for the most vulnerable. The First Amendment and federal law protect the right of houses of worship to live out their faith—which most certainly includes compassionate ministries that help people in need.

These ministries make an incredible, life-changing impact in the lives of so many people. The precedent we are setting is very important to the future. When compassionate ministries win, ALL Americans win. These houses of worship and pastors are counting on your support. With your help, we can win these cases. Please give to First Liberty today.

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