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Church Sues California Town for Denying Permit to Conduct Religious Services

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February 7, 2025
California Church | First Liberty Institute

by Jorge Gomez • 3 minutes

First Liberty and the law firm O’Melveny & Myers filed a federal lawsuit this week against the City of Santa Ana, California.

The city isn’t allowing Anchor Stone Christian Church—a Chinese and Taiwanese-American congregation—to meet for worship. The church applied for a conditional use permit to use an office space for their religious services. But the city said “No.”

Anchor Stone’s mission is to spread the Gospel in Santa Ana and throughout Orange County. Since it was opened in 2018, the church has grown from an in-home prayer group to a larger congregation of about 50 people needing additional space. The church found a property they intended to purchase.

With assurance from the city that there would be no obstacles, the church moved forward and bought the property. It was only after closing that the city rejected Anchor Stone’s application. Since the denial, the property has sat vacant for two years and the church has been unable to renovate or hold worship services in it. The church has also suffered monetary damages totaling over $500,000.

“The First Amendment and federal law protect the right of churches to operate free from unreasonable and intrusive government interference,” said First Liberty attorney Ryan Gardner. “Preventing a Chinese- and Taiwanese-American church from worshiping in a facility they purchased is a flagrant denial of the free exercise of their religious activities.”

When the city council denied the permit, one of the councilmembers made a bizarre claim that Anchor Stone’s use of the property for religious services was a threat to “environmental justice” and “public health and safety.” The same councilmember said the church’s worship gatherings would create unwelcome traffic, noise, poor air quality and pollution for local residents.

“The claim that low-income residents would suffer because of a sub-50-member congregation meeting on Sundays for worship is preposterous on its face,” we argue in the lawsuit.

We also explain that the city is treating Anchor Stone much harsher, which violates federal law. There’s a church across the street from Anchor Stone that’s in the same zoning district. The city granted that church’s permit, and it has operated without issue for several years.

“It’s gross favoritism and discrimination when the city grants a permit to one church across the street from the location where Anchor Stone was denied,” said Timothy Durst, partner at O’Melveny & Myers. “The city’s repeated efforts to prevent churches and religious institutions from engaging in their religious missions cannot continue.”

Anchor Stone should not be subject to this type of discrimination. Preventing a house of worship from living out its religious mission betrays everything that religious freedom in America is about.


Criminalizing Compassion: Pastors and Churches Are Under Attack

There’s an alarming rise in attacks against houses of worship and pastors. City officials want churches to conform to their beliefs rather than live by their own. Because of this, pastors across the country are being attacked for living out their faith, ministering to their congregations and caring for the most vulnerable.

We need faithful Americans like you to come alongside these pastors so that they can continue to minister and serve their communities. These threats are very real and very dangerous—not to mention illegal and unconstitutional.

Please give to First Liberty today. Together, we can fight to protect the freedoms of churches, pastors and all people of faith across our country.

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