AP Photo/Orlin Wagner
The pastor of the seven-member Oasis of Truth Church in Gilbert, AZ was ordered by a cease and desist letter to terminate religious meetings in his home, no matter the size or frequency, based on zoning regulations.
The small church, which had held meetings in various members’ homes on a weekly rotation, met for just a few hours each week. The town cites its zoning codes which it contends prohibit churches from holding home meetings of any size. This includes Bible studies, potluck dinners or even three person church leadership meetings. The defense of the ban cites traffic, parking, and building safety concerns, yet doesn’t specifically prevent the likes of Cub Scout Meetings, football or business parties.
In November, the church was ordered by letter from a Gilbert code compliance officer to terminate the church meetings in Pastor Joe Sutherland’s home. Although no complaints were cited, the termination order was a response to signs about the meetings near Sutherland’s home. In response, Sutherland ceased the meetings in December and requested clarification of the zoning code from the town’s zoning administrator. He was answered first with an informal response to his questions. The reply offered a more detailed and formal response in the form of a zoning interpretation, provided at a fee of $305, upholding the alleged basis for the ban.
Attorneys for the Alliance Defense Fund (ADF) have filed an appeal in the past week to overturn the decision. “Christian church groups shouldn’t be singled out for discrimination and banned from meeting in their own homes. The interpretation and enforcement of the town’s code is clearly unconstitutional. It bans 200,000 Gilbert residents from meeting in their private homes for organized religious purposes-an activity encouraged in the Bible, practiced for thousands of years, and protected by the First Amendment,” said ADF Litigation Counsel Daniel Bloomberg.
The appeal argues, in part, that the Constitution’s Free Exercise Clause doesn’t permit a ban on church meetings where other meetings are permitted, and Arizona’s Free Exercise of Religion Act (FERA) protects “Arizona citizens’ right to exercise their religious beliefs free from undue government interference.”
Meanwhile, the church holds a weekly meeting at a local school. Due to the rental costs and the size of the group, they’ve scaled back to meeting once a week on Sunday.
Comments
Let the persecution begin!
Christians, we knew this was coming. Jesus spoke of it. Welcome to the end.
This is ridiculous. I hope everyone on the side of sanity can see why attempting to shut down this meeting in a land of secularism and freedom to enjoy their own religion or lack thereof, is wrong. What consenting adults do in their homes, or, hell, consenting children and minors do as well in a faith based meeting that probably cannot hurt anyone is just plain silly.
Of course claiming it's the end of days because of an odd law and corrupt politicians... I won't get into that.
I am an atheist and an advocate of secularism in the United States of America. This infringement upon the personal liberties of the Oasis of Truth Church is not something that I condone. So long as the actions are legal, I don’t think it is anyone’s business what sort of activities consenting adults engage in on private property.
The suggestion that this small Church is in violation of some sort of zoning law is patently absurd. I regularly meet in groups of seven or more people at my house and at the homes of my friends for various social reasons. How is this any different from what the Oasis of Truth is wishing to do? It is not.
The distinction seems to be that it is a church related meeting. Why would that make any difference? It should not. Seven people meeting to discuss church business cause no more traffic, parking, and building safety concerns than a group of seven people meeting to play Dungeons & Dragons or watch a movie.
Besides, I am sure that Gilbert, AZ has laws on its books regulating such things as traffic, parking and building codes. Since these concerns are addressed in other laws, there is no need for a separate law that really only serves to regulate what type of actions take place in an allegedly private residence.
Regarding Brian Steck’s comments, you are wrong. Jesus never, ever said anything about the Oasis of Truth Church having its meetings disrupted by an overzealous zoning board. In fact, Jesus actually claimed that his second coming would take place during the lifetime of those who witnessed his crucifixion. As we all know, that did not happen.
Matthew 16:28 "Truly I say to you, there are some of those who are standing here who will not taste death until they see the Son of Man coming in His kingdom."
If that does not convince you that Jesus’ second coming is long overdue, check out Mark 9:1, Luke 9:27 and 1 Thessalonians 4:15-17.
Rules are rule!
What ever happened to our constitional right to peacefull assembly ? Has the progressive left now set their sites on Arizona's "GOD and guns" patriots ?
Thank GOD for the ADF !!!
Does this apply to tupperware, candle, and birthday parties too??? This is ridiculous and shameful.
DEKesler,
That is a bit of a stretch to say the Second Coming would happen during their lifetime. Jesus was transfigured before His Disciples and became part of His Kingdom. That is what He is talking about. So they did witness the events of Matthew 16:28. See also Luke 9:32
Don't bother to reply. I won't be on this page again.
Peace
Glad you covered this! I was looking to see if someone at Examiner had written on this Gilbert AZ incident; I could not because my assignment is the Tampa Bay area. It is a shame how many city officials are ignorant of the real First Amendment. Law firms across the country defending religious rights are terribly busy with cases like this.
I wrote about the Gilbert incident at another website, The Underground Online Magazine: Enter all the http stuff, then theundergroundsite, then .com and then /index.php/2010/03/at-home-bible-studies-outlawed-in-arizona-city-11205. I sure wish we could put links here!
But come see me here at Examiner some time. /x-19341-Tampa-Faith--Politics-Examiner
On May 8th we remember the end of the war to protect our freedom.
Which side was Arizona on again?
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