The U.S. Division of Justice has intervened on behalf of a church that’s suing a California metropolis over what it claims is a discriminatory zoning regulation that disfavors spiritual entities.
The division attorneys filed a press release of curiosity final Friday within the case of Anchor Stone Christian Church v. Metropolis of SantaAna earlier than the U.S. District Court docket for the Central District of California, Southern Division.
The Trump administration argued that Santa Ana’s zoning regulation violated the federal Spiritual Land Use and Institutionalized Individuals Act of 2000, claiming that it handled secular assemblies extra favorably than spiritual ones.
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At concern is part§ 41-313 of the town’s zoning code, which prohibits church buildings from working in a “skilled district” with out getting a conditional use allow through “an costly, prolonged and discretionary assessment course of,” whereas entities like museums and artwork galleries weren’t required to take action.
“Zoning practices that unfairly restrict assemblies by faith-based teams violate federal regulation,” mentioned Appearing U.S. Legal professional Joseph McNally for the Central District of California in a press release issued Monday.
“Municipalities can not create zoning districts that deal with homes of worship worse than comparable secular assemblies. The Justice Division will vigorously shield the precise of non secular establishments to obtain equal remedy beneath the regulation.”
In response, metropolis officers acknowledged they’re “conscious that the Division of Justice has filed a Assertion of Curiosity within the Anchor Stone Church lawsuit” and are “reviewing the assertion.”
A small congregation principally made up of People of Chinese language and Taiwanese descent, Anchor Stone Christian Church utilized for a allow in July 2023 to maneuver right into a 99-seat constructing in Santa Ana’s skilled district.
That September, the town’s Planning Fee really useful that the church’s allow be rejected, with the Metropolis Council voting to affirm this suggestion.
Final month, the First Liberty Institute and the regulation agency O’Melveny & Myers LLP filed a lawsuit towards the town on behalf of the church, arguing that the town is in violation of RLUIPA.
“The Metropolis violated RLUIPA’s substantial burden provision by denying Anchor Stone’s CUP utility, imposing a considerable burden on its spiritual train with out assembly the necessities of strict scrutiny,” the go well with alleged.
“Anchor Stone Christian Church has been unable to collect every week at its Property for company worship due to the Metropolis’s actions. Consequently, tithing income has dropped and membership has plateaued.”
Earlier this month, the DOJ filed a press release of curiosity on behalf of The Hope Rising Group Church, which is suing a Pennsylvania borough for rejecting an utility to buy property in a neighborhood.
