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A Christian legal group filed an appeal this week to fight a ban against a church meeting in homes.
With only seven members, Oasis of Truth Church was ordered to stop holding all activities, including Bible studies, leadership meetings and fellowship activities, in Pastor Joe Sutherland's home in Gilbert, Arizona.
Alliance Defense Fund attorneys contend in the appeal that was filed
late in September that banning religious meetings of any size or frequency in a home is unprecedented and unconstitutional.
"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."
Sutherland received a cease-and-desist letter in November after Inspector Steve Wallace discovered signs advertising church services in a residence. Wallace cited a zoning code that prohibits the use of single family residential structure for religious assemblies, small scale, and gave the church 10 days to cease such activities.
Notably, no complaints had been made from neighbors about the church meetings.
Oasis of Truth Church was launched in 2009 and consists of only seven adult members and four children. They were meeting in different houses on a rotating basis three times per week for fellowship, biblical and moral instruction and worship. Attendance never exceeded more than 10 adults and there was never more than one vehicle parked in the street by the people attending the church meetings. Other cars were parked in the home's driveway.
The church leaders did not intend to hold Sunday services at their homes permanently and hoped to move to a different location once the meetings got larger. But even so, meeting in homes was to remain an important part of the church's religious mission, the appeal states.
"The church leaders have a sincere religious belief that Christian fellowship is a necessary part of Christian life," ADF attorneys contend. "Such meetings follow the biblical example of the early Christian church."
Earlier this month, the church received a formal response from the
zoning administrator who provided a specific interpretation of the
zoning code in their case.
The Town's Land Development Code bans "religious assembly"
from almost all residential structures. There is no provision for
obtaining a conditional use permit to circumvent the rule. The zoning
administrator has interpreted the ban to extend to any church-sponsored
activities in private homes.
ADF attorneys are seeking to overturn the administrator's decision,
arguing that "religious assembly" does not apply to the
church's small-group religious meetings in homes. Moreover, the
administrator's interpretation of the zoning code violates the church's
First Amendment right to free exercise of religion, they add.
"Under First Amendment free speech jurisprudence, the church would
have been able to hold its small meetings on the public sidewalk outside
Pastor Sutherland's home without even having to ask the town's
permission," the attorneys argue.
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A Calif. Couple Fined for Hosting a Small Bible Study in Home by the City of San Juan Capistrano which has some wondering about the future of religious freedom in America. Ignites debate over the interpretation of the First Amendment.
Chuck and Stephanie Fromm, residents of San Juan Capistrano, home to the oldest church in California, were fined $300 for the religious activities, which the city said violated a municipal code that prohibits "religious, fraternal or non-profit" organizations in residential neighborhoods without a conditional-use permit," the Capistrano Dispatch reported.
"In a city so rich with religious history and tradition, this is particularly egregious. An informal gathering in a home cannot be treated with suspicion by the government, or worse than any other gathering of friends, just because it is religious. We cannot allow this to happen in America, and we will fight as long and as hard as it takes to restore this group's religious freedom."
Chuck Fromm is publisher of Worship Leader Magazine, a Christian music resource that combines biblical wisdom and best practices for worship, and provides added educational and congregational resources through its associated educational services, according to its website. However, the Fromms insist that their weekly meetings are not affiliated with a church, nor are they seeking to establish a church.
"How dare they tell us we can't have whatever we want in our home," Stephanie Fromm said. "We want to be able to use our home. We've paid a lot and invested a lot in our home and backyard . I should be able to be hospitable in my home."
The municipal code is "reactive," which means it is only enforced if someone complains.
Fromm admitted that at least one person had voiced concern about the
activities. "Can you imagine anybody in any neighborhood, that one
person can call and make it a living hell for someone else?" Mrs.
Fromm said. "That's wrong . and it's just sad."
According to the Pacific Justice Institute, a non-profit legal group
that is working on behalf of the Fromms, there was no noise beyond
normal conversation and quiet music on the home stereo system. The group
members met inside the family room and patio area of the
4,700-square-foot home.
"Imposing a heavy-handed permit requirement on a home Bible study
is outrageous," said Brad Dacus, president of Pacific Justice
Institute, in a statement.
"In a city so rich with religious history and tradition, this is
particularly egregious. An informal gathering in a home cannot be
treated with suspicion by the government, or worse than any other
gathering of friends, just because it is religious. We cannot allow this
to happen in America, and we will fight as long and as hard as it takes
to restore this group's religious freedom."
San Juan Capistrano city officials could not be reached for comment.
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A San Diego, CA, pastor was cited for holding home Bible study
without a permit. News of the County's order as re-ignited debate over the interpretation of the First Amendment.
"I am upset that you would shut down a home Bible study of 15 people and yet allow similar secular events," reads the petition. "Your actions appear to have an anti-Christian slant and should cease immediately."
The Joneses and their attorney of The Western Center for Law and Policy, based in Escondido, Calif, said the couple's rights to hold the Bible studies are protected by the U.S. Constitution.
The Administration Citation and Cease and Desist Order violate the "Jones' right to assemble peaceably and privately in their home for the purpose of religious worship," stated WCLP president Dean R. Broyles in a letter sent on behalf of the Joneses to the County.
The letter alleges the County is discriminating against religious activity because it doesn't require a permit for secular assemblies such as cub scout meetings, friends gathering each week to watch sports on TV, book clubs, sewing clubs, or poker nights in residential zones.
Pastor David Jones and his wife Mary have been hosting a Bible Study fellowship at their home every Tuesday for the past five years. The meeting, averaging 15 people each week, is usually comprised of dinner, fellowship and Bible study.
The meetings have gone without government interference until recently. Jones told KGTV, an ABC News affiliate in San Diego, that the visitor to a neighbor's house alerted the County after a Bible study member hit the visitor's car while leaving.
In April, a County employee visited the Jones' residence and informed the couple that they were not allowed to hold "religious assembles" in their home unless they obtained a major use permit. The employee warned that the couple would face fines upwards of $1,000 if they failed to comply with the County's order.
The County later sent the Joneses a written warning ordering them to "cease/stop religious assembly on parcel or obtain major use
permit.
Donald Wildmon, chairman of the American Family Association, defended the Bible study meeting
late in September, urging supporters to sign a petition to the San Diego County Board that calls the County's actions "anti-Christian."
"I am upset that you would shut down a home Bible study of 15 people and yet allow similar secular events," reads the petition. "Your actions appear to have an anti-Christian slant and should cease immediately."
If the County refuses to comply, the couple is prepared to consider a lawsuit.
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