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Daytona Church Can Reopen Pantry After City Repeals Discriminatory Ordinance

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January 3, 2025
Daytona Church | First Liberty Institute | FLI Insider

by Mia Gradick • 2 minutes

First Liberty recently secured a victory for Seventh Day Baptist Church in Daytona Beach, Florida. Alongside volunteer attorneys at Sidley Austin L.L.P, we reached an agreement with the city that will allow the church to resume its food distribution program. The city agreed to repeal an ordinance that forced the church to close its food pantry.

“We are grateful to Daytona Beach city officials for working with us so that Seventh Baptist can resume its mission of providing food for the hungry, hurting people in the community,” said First Liberty Counsel Ryan Gardner. “People who take action to care for the hungry should be encouraged and affirmed. The church is thrilled to be able to continue helping those in need.”

Seventh Day Baptist Church—a historic church whose founding dates back to 1884—opened a food pantry in 2007. But last fall, the city ordered the church to halt its food distribution ministry, which offered free food to the needy every Wednesday morning from 9 to 11. Local officials claimed the church was violating city codes prohibiting churches from having food pantries in specific “redevelopment” areas of the city.

In July, First Liberty filed a lawsuit to stop the city from abusing its zoning code and singling out the church.

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 Seventh Day Baptist leaders the city appreciated what the church was doing and wanted to partner with them on the effort. And while this church fought in court, other churches and secular organizations in Daytona Beach’s redevelopment areas were allowed to operate food pantries without any backlash from the city.

This victory for Seventh Day Baptist is a powerful reminder that religious freedom is essential to a thriving society. The First Amendment and federal law protect the right of houses of worship to live out their faith—which most certainly includes compassionate ministries like feeding the hungry and caring for the most vulnerable. When the government supports—not punishes—churches that serve their communities, everyone wins.

While this is a tremendous win for Seventh Day Baptist, many more houses of worship, ministries and good Samaritans are still being criminalized for their compassion.

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

Pastor Chris Avell and Dad’s Place Church continue to face harassment from the city of Bryan, Ohio, which insists on stopping the church from keeping its doors open to anyone who needs help or temporary shelter.

Pastor Michael Polhemus and The Rock church in Castle Rock, Colorado are being targeted by city officials for using two RVs as temporary shelter for people needing somewhere to stay while they get back on their feet.

Criminalizing compassion betrays everything that religious freedom in America is about. Churches shouldn’t be threatened caring for the most vulnerable.

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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