Kevin J. Hasson

On Law

Jewish World Review / March 8, 2000 /31 Adar 1, 5760


Whose America? Where religious discrimination is the law of the land


By Kevin J. Hasson

http://www.jewishworldreview.com -- A STOREFRONT CHURCH isn't much of a storefront church without its storefront. But city officials in a small Michigan town have denied the Haven Shores Community Church the right to move into a shopping center simply because it's a church.

The landlord (the shopping center owner) would be happy to have them. In fact, he signed a lease with them almost a year ago. But when Pastor David Bailey went to get a building permit to allow him to spruce up the space, city zoning officials told him he couldn't occupy the space at all because religious worship wasn't allowed in a business district.

Haven Shores is a new church of about a hundred members, affiliated with the Reformed Church in America. Its purpose is to worship and glorify G-d by reaching out and serving the community of Grand Haven, Michigan. They currently hold worship services in Grand Haven High School, they rent office space in Grand Haven Township, and they hold meetings in homes, churches and other facilities around the community because they don't yet have a church facility of their own.

When Rev. Bailey found that space for their growing congregation was available at the South Village Plaza at a very reasonable rate, leaders in the church were thrilled. It was in a prime location and perfectly situated for their ministry, the convenience of their members and held the promise of attracting new members to the church.

The shopping center is located in a district zoned as "B-1," meaning it's intended for businesses. But the zoning ordinance also specifies that principal uses in a B-1 district may include "private clubs, fraternal organizations and lodge halls." It also specifically allows "theaters, assembly halls, concert halls, or other similar places of public assembly."

In other words, a Moose Lodge would be permitted without question. American Legion? No problem. But a church? Fageddaboudit. The city's Zoning Board of Appeals initially waffled a bit, handing things off to the Planning Commission, which decided to do nothing. The Zoning Board then decided that even though the ordinance doesn't mention churches at all, and specifically allows use of such property as a "place of assembly," they weren't going to permit THIS kind of assembly. And the City Attorney ordered Board members to stop talking about it.

And so, nine months after signing the lease, Haven Shores Community Church is still without a permanent location. Last week, the Grand Haven City Council put the icing on the cake by refusing to overrule the Zoning Board, in part out of fear that other churches might want to follow suit and relocate into similar locations throughout the area. Heaven forbid!

There is something horribly wrong in the beautiful lakeside community of Grand Haven.

And it's a problem that isn't limited to just one city or one state. The use of zoning laws to freeze out, isolate or rigidly control religious practice is a growing problem all over America. Churches and religious people of a variety of faiths in Massachusetts, Florida, Oregon, Indiana and Illinois, just to name a few, have recently suffered at the hands of city officials wielding zoning ordinances. It is a big problem for smaller churches that are being "zoned out" of prime locations by decidedly anti-religious forces. And unchecked, it is a trend that will inevitably threaten large and small religious groups alike.

At the very least, a religious congregation should be afforded the same rights as a Moose Lodge. My organization, the Becket Fund for Religious Liberty, will shortly go into federal court seeking an injunction against Grand Haven that will force them to honor the constitutional rights enjoyed by the Haven Shores Community Church and every other religious group in America. It is a battle for one small church, of course, but it's also a battle for all of us who wish to worship G-d unburdened by irrational and arbitrary constraints imposed by hostile government officials and bureaucrats everywhere.


JWR contributor Kevin Hasson is president of The Becket Fund for Religious Liberty. Let him know what you think by clicking here.


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©2000, Kevin Hasson