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HB church to appeal court decision on 'arbitrary' city mandates
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HUNTINGTON BEACH, Calif. -- A law group representing Praise Christian Center says it will continue the church's fight against the city's "arbitrary" conditions to function by appealing a court decision.
Advocates for Faith and Freedom’s attorneys state they "are once again fighting for a church’s right to be treated as equal to secular institutions."
The law firm, which is dedicated to preserving religious liberties, reports that several years ago, Pastor Derek Anunciation, Senior Pastor of Praise Christian Center, asked for assistance. The small Orange County church needed space to meet while they built up their membership and presence in Huntington Beach.
However, when Pastor Anunciation asked for permission to rent a building to hold church services, the City of Huntington Beach imposed arbitrary and burdensome conditions in an apparent attempt to prevent the church from actually occupying the building, according to the law group. As a result, the church was forced to find an alternative place to hold services.
The group's attorneys then brought a lawsuit against the city, arguing that the conditions applied to Praise Christian Center were excessive, arbitrary, and disproportionate to conditions imposed on other businesses. The district court ruled that the city's sign ordinance was unconstitutional. The Court also ruled against the church as to the excessive conditions.
Advocates’ attorneys then appealed the decision to the Ninth Circuit Court of Appeals on the basis that the District Court erred in reviewing the evidence. In February of 2008, Advocates’ attorneys argued the case before the Ninth Circuit and cited a federal statute designed to assure that churches are treated equally with secular assemblies when city officials apply building and zoning restrictions.
On May 11, after a 14-month waiting period, the Ninth Circuit Court of Appeals issued an opinion that dismissed the case. Advocates attorneys are now demanding that the Ninth Circuit Court of Appeals reconsider its decision. The decision may be reviewed by the three judges who initially dismissed the case or by a large panel of judges from the Ninth Circuit.
"A lot of what is left are really just significant monetary restrictions that would require major changes to the building for what they have determined to be fire safety," said AFF attorney Jennifer Monk in a OneNewsNow interview . "But in reality, other buildings have the same type of safety requirements as this building -- and have been allowed to be used as an assembly."
Restrictions, according to Monk, are not the same for non-church groups.
"Whether it be movie theatres or...dance classes, they use the buildings for different types of things," Monk said. "But it's an assembly of people -- just for different uses."
More articles by Alex Murashko at LA Church & State Examiner.
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