By Patty Talahongva

    Attorneys for CrossRoads United Methodist Church on Jan. 14 filed a case in federal court after losing an appeal before the city’s Board of Adjustment. The appeal that was heard on Jan. 7 came after the church, located at 7901 N. Central Ave., lost the first hearing back in October before the city’s special Zoning Administrator, retired state Supreme Court Justice Robert Corcoran.

    Cameron Artigue, a partner with Gammage & Burnham who is representing the church in its federal appeal, explains, “We have filed our lawsuit in federal court under the Religious Land Use and Institutionalized Persons Act of 2000,” commonly referred to as RLUIPA.

 

The six members of the Board of Adjustment present on Jan. 7 voted unanimously that the church’s activities were in violation of the residential zoning for that area, and that based on Judge Corcoran’s analysis of RLUIPA, the city’s upholding of the zoning is not a violation of the church’s religious freedom.

    Church officials adamantly disagree, saying in statement released after the latest hearing, “CrossRoads is trying to protect its right to religious freedom, in the face of the city’s attempt to prevent CrossRoads from inviting the poor and homeless to participate in a once-a-week worship service in which food is served. The city of Phoenix is taking a stance that extends far beyond CrossRoads and threatens religious freedom in general. The city is purporting to use its zoning jurisdiction to regulate whether, and to whom, food can be served as part of a worship service.”

     However, Jason Morris of Withey Morris PLC, representing the neighborhood, asserted that the issue at hand was specific to the weekly homeless breakfast, and did not impact any other meals or food-related events at churches. Board of Adjustment members agreed.

    “Every property owner in this R1-10 zoning district is treated the same. The fact that it is a church doing this is, respectfully, irrelevant,” Board Chairman Patrick Paul said, adding that the city was not violating the church’s First Amendment right of freedom of religion because the zoning ordinance was neutral and applies to all property owners, equally.

    Since the ruling CrossRoads has continued to provide the Saturday morning breakfast and service and so far it has not been cited for violating the ordinance.

    The next step is up to the city, says Artigue, in terms of “whether they are going to enforce the zoning and how they’re going to defend the lawsuit in federal court, if they want to keep saying what the church is doing is illegal.” 

    Michael Hammett, public information officer for the city, says, “The Law Department is currently reviewing legal issues related to the federal lawsuit that was served. The Prosecutor’s Office is reviewing documentation related to the zoning violation case as part of the enforcement process.”

    As yet, the city has not determined a plan of enforcement but has acknowledged that under the current ordinance the church could incur a maximum fine of $2,500 each time the breakfast is held in violation of the zoning.