From Seattle writer and consultant Matt Rosenberg...

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Church Bullies In Ann Arbor

March 02, 2005

As I reported earlier today at Sound Politics, a Seattle-based church coalition has gone off the deep end, alleging proposed King County ordinances to regulate the establishment of temporary homeless encampments at churches in unincorporated territory would deny religious freedom and violate constitutional rights.

A further sign comes today from another bastion of moderation - Ann Arbor - that such rhetoric is increasingly central to the strategies of churches engaged in land use disputes with residential neighbors.

The New Life Church of Ann Arbor has filed suit in federal court in Detroit alleging its membership is essentially being denied their right to practice their religion because of a local decision against a facility expansion. (Easy, 3-step reg. req. for access to preceding link). Even worse, the church is trying to intimidate concerned citizens with subpeonas in the suit.

In a zoning spat that has turned into a lawsuit, New Life Church of Ann Arbor has subpoenaed personal information from residents who spoke at public meetings against expansion of the church. The church is seeking diaries, planners, resumes, calendars, journals, personal notes and e-mails related to the neighbors' opposition to an auditorium planned for the church on Washtenaw Avenue north of Hill Street. The subpoenas extend to the neighbors' computer hard drives that may still contain deleted e-mails relating to the dispute.

"These subpoenas are hugely invasive; they're overbroad," said Donna Tope, a lawyer who lives in the Oxbridge neighborhood where New Life is located and who received a subpoena.

Tope, who served 12 years on the Planning Commission, said she and the other neighbors were surprised by the legal move. "I've never seen this done," she said. "It's unprecedented that a nonparty to the lawsuit, a private individual, would be asked to fork over private communications."

John Mogk, a professor at Wayne State University Law School, agreed that the move is unusual. "Normally, people who appear at public hearings are not brought into a lawsuit except in extenuating circumstances," he said.

No kidding. The church is giving itself a black eye here, while advancing a highly tenuous claim that its religious freedom is being denied.

A student ministry, New Life wants to add a 550-seat auditorium to the rear of its property. In mid-November, the Planning Commission declined to recommend the project, saying its size and character didn't fit the neighborhood. In late December, New Life filed its lawsuit, saying the denial essentially prevents the church from practicing its religion. New Life says it downsized the project, trying to satisfy neighbors and the commission, but was arbitrarily and capriciously denied approval.

....The lawsuit, filed in the Detroit-based U.S. District Court, is based on the Religious Land Use and Institutionalized Persons Act, a 2000 federal law being tested in courts around the country. Last year, Canterbury House, an Episcopal student ministry on East Huron Street, lost its bid to convince the same federal court that failure to get permission for a new building would prevent church members from practicing their faith. Some legal experts expect that the U.S. Supreme Court will eventually hear a case based on the Religious Land Use Act.

The federal Religious Land Use Act states that local governments may not impose a "substantial burden" on churches via land use decisions absent a "compelling governmental interest," and then only if the jursidiction's position is the "least restrictive means" of furthering that interest.

Gee, what is the "least restrictive" way to deny a large new church auditorium in a residential neighborhood? The poorly-crafted federal statute has some churches expecting barely-modified carte blanche for site expansion. Throw in some shrubbery, a drainage pond and private traffic cop on Sundays as neighborhood "mitigation," and we're all set, right? In a "least restrictive" sort of way.

I wonder if - given the all too frequent cries of "wolf" on bogus religious persecution charges in land use disputes - the law should be entirely rescinded. Churches, of all institutions, ought to walk the talk of being good neighbors.

Jesus understood.

Win some, lose some.

Posted by Matt Rosenberg at March 2, 2005 05:11 PM


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Comments:

Seems like an awfully frivolous claim to make, when religous persecution has and does occur in various places around the world with horrible consequences.

America is at its best when it guarantees freedoms; and at it's worst when it abuses those guarantees.

Posted by: Iguana at March 2, 2005 09:36 PM

Matt, your artillery is aimed at the wrong target. Both the logic and and the very language to which you refer--"substantial burden," "compelling governmental interest," and "least restrictive means"--comes straight out of Sherbert v. Verner, a 1969 U.S. Supreme Court decision that began a long line of cases privileging certain beliefs and activities of a "religous" nature.

Consequently, we could repeal all the statutes you like--federal, state, or local--and not even begin to touch the problem.

The problem is this: we have two lines of precedent emanating from the U.S. Supreme Court--one holding that the Establishment Clause of the First Amendment requires strict neutrality in all governmental relations with religion; and another holding that the Free Exercise Clause of the First Amendment requires a special accommodation of religious activity, so that no "substantial burdens" are imposed without a "compelling governmental interest" furthered in the "least restrictive" manner. It is difficult to reconcile these two streams of precedent because they are in a very deep way contradictory.

So, if you want to do something about this inconsistency, change the coordinates for your artillery to the Senate Judiciary confirmation hearings.

Posted by: Tom Rekdal at March 3, 2005 12:02 PM

One correction: Sherbert v. Verner was decided in 1963, not 1969. The memory dims with age.

Posted by: Tom Rekdal at March 3, 2005 12:06 PM

Just want to let you know that the article that you quoted from gives exaggerated, distorted, and just plain false information about the lawsuit in question. I am a long-time member of New Life Church and can tell you that the church has made every effort to be accommodating and friendly to our neighbors.
The subpoenas in question merely ask neighbors and people who have actively opposed the project to divulge any information they have that directly relates to the project.
The church honestly has no desire to "bully" or intimidate anybody. They simply wish to have a judge decide on their case, a reasonable request. According to the laws on the books, the church should have been able to build without any problems.
We may all peacefully disagree on how zoning laws should be interpreted without having any bitterness or anger between us.
The article gives a false impression. I thought you would want to know that it is more sensationalist journalism than honest fact-reporting.

Posted by: Tim Courtois at March 7, 2005 08:04 PM

Just want to let you know that the article that you quoted from gives exaggerated, distorted, and just plain false information about the lawsuit in question. I am a long-time member of New Life Church and can tell you that the church has made every effort to be accommodating and friendly to our neighbors.
The subpoenas in question merely ask neighbors and people who have actively opposed the project to divulge any information they have that directly relates to the project.
The church honestly has no desire to "bully" or intimidate anybody. They simply wish to have a judge decide on their case, a reasonable request. According to the laws on the books, the church should have been able to build without any problems.
We may all peacefully disagree on how zoning laws should be interpreted without having any bitterness or anger between us.
The article gives a false impression. I thought you would want to know that it is more sensationalist journalism than honest fact-reporting.

Posted by: Tim Courtois at March 7, 2005 08:05 PM

Subpoenas *are* offensive tactics and invasive procedures. There is no legal basis to subpoena the records and communications of individuals not directly involved in the legal procedings. Re: search, seizure and warrant. right to practice religion without oppression does not give the right to either oppress or seize without due cause.

Also, this is not very christian at all.

Posted by: Jack Case at May 8, 2005 10:46 PM

Furthermore, civil rights are not intended to protect the majority, but rather the minority who are unable to defend themselves against the desires and whims of the majority.

Also, one cannot leverage the right to practice religion (as peaceable assembly) to suppress freedom of speech, or to unlawfully seize without due process or probable cause.

The only "cause" here is the exercise of freedom of speech.

What we have here is an unchristian-like church leverage a lack of understanding of law to scare private citizens into keeping quiet. Frankly, the city should *not* have compromised.

Posted by: Jack Case at May 8, 2005 11:04 PM

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