Federal Court Enjoins Zoning Regulation Prohibiting Church’s Homeless Shelter
Roxborough State Park, near Castle Rock
I never knew there was a “sister statute” to the Religious Freedom Restoration Act. Yeah, the Religious Land Use and Institutionalized Persons Act prevents a government from enforcing zoning regulations that impose a substantial burden on “religious exercises” unless the government has a compelling interest and the regulation is the least restrictive means of protecting that interest.
Anyway, I first heard about RLUIPA when a federal district court in Colorado enjoined the City of Castle Rock, Colorado from enforcing a zoning ordinance that would prohibit The Church of the Rock from allowing two homeless families to live temporarily in some old campers (one of which is pictured below) on the Church’s 54 acre property. The property was, at one time, out in the proverbial boonies but city neighborhoods are steadily growing up against it. Earlier this year, the City told the Church to cease and desist. The Church sued and the judge issued the preliminary injunction last Friday.
The Church bought the property when it was unincorporated and has since built a magnificent 54,000 square foot sanctuary on the property. From there, the Church operates a school and a food bank among other traditionally Christian worship activities. The City later annexed the property and, of course, that comes with zoning regulations. The City doesn’t have any homeless shelters — not a single one — and pretty clearly doesn’t want any. For its part, the Church plans to increase the number of temporary homes to five. But those plans are on hold while the litigation runs its course.
“As rates of homelessness in the U.S. grow, more churches across the country are coming under fire from law enforcement for helping people in need get something to eat and a place to stay. City officials say churches are violating zoning codes by providing food and shelter − roles Christian congregations across the U.S. have filled for hundreds of years, pointing to the teachings of Jesus Christ and his followers. Church leaders say they’re responding to the nation’s housing crisis, which in recent years has spiraled so far out of control that more than half of American renters can no longer afford their monthly bill, researchers at Harvard University said last week. In 2023, the U.S. homeless population swelled to nearly 600,000, the greatest number since federal officials began their current method of tracking in 2007.
Religious leaders say they have more of a duty than ever to help low-income Americans, just as their churches are facing more barriers from city officials. At the same time, law enforcement across the country are sweeping away more tent encampments, telling unhoused people to seek shelter anywhere they can find it, including at churches and warming centers. “Officials would have thrown the innkeeper in jail for offering his manger to Joseph and Mary because it wasn’t zoned for residency and didn’t meet the fire code,” he said.”
The median home price in Castle Rock is more than a half million dollars, by the way. No doubt most of the transplants who are able to buy do so to get away from all the social ills of life. And then here comes this church encouraging some of those ills to move in and stick around. The City is portrayed in such a bad light in the Church’s complaint that it really ought to quietly back down. Its gonna come out of this case looking bad.
darryll k. jones