Since 2019, The Rock Church provided housing for the homeless by sheltering them in RVs parked in the church’s parking lot in Castle Rock, Colorado. However, town officials attempted to block the church’s efforts in 2021, 2022 and 2023, saying the church was violating zoning laws. A judge decided on Friday, July 19, that the church can continue providing shelter for homeless individuals in Castle Rock.
In January, the church filed suit against the city, claiming the city was infringing on the church’s First Amendment right to religious freedom as well as the Religious Land Use and Institutionalized Persons Act. The law protects religious institutions from discrimination in zoning.
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In the lawsuit, the church stated that because of the town’s actions, “the church must now turn away homeless or displaced individuals and small families in the town of Castle Rock rather than provide them with temporary shelter and other aid, contrary to the church’s religious beliefs and religious mission.”
U.S. District Court Judge Daniel Domenico sided with the church.
“The church has also demonstrated that it will suffer irreparable harm absent a preliminary injunction allowing it to carry on with its on-site temporary shelter ministry,” Domenico wrote in his decision. “The fact that the church has already had to turn away homeless families in need, in violation of its sincerely held beliefs that it must serve and house them on its property, makes this harm all too clear.”
The pastor of the church, Mike Polhemus, spoke with CBS News Colorado on Monday, July 22.
“From the very beginning of this ministry, we’ve only ever wanted to obey our call to reach out, love, and serve the needy around us,” Polhemus said. “We are grateful the court upholds our constitutional rights to do so.”
Town officials told CBS News that they have “retained defense counsel to rigorously defend the zoning authority of communities.”
[LAUREN TAYLOR]
A CHURCH SUED THE TOWN OF CASTLE ROCK, COLORADO – AFTER THE CITY ATTEMPTED TO STOP ITS EFFORTS TO SHELTER HOMELESS PEOPLE ON IT’S PROPERTY – AND WON A LEGAL VICTORY, AT LEAST FOR NOW.
THE FEDERAL JUDGE IN THE CASE GRANTED THE CHURCH A PRELIMINARY INJUNCTION.
SINCE 2019 – THE ROCK CHURCH HAS PROVIDED HOUSING FOR THE HOMELESS BY SHELTERING THEM IN RVS PARKED IN THE CHURCH’S PARKING LOT.
HOWEVER – THE TOWN OF CASTLE ROCK ATTEMPTED TO BLOCK THE CHURCH’S EFFORTS IN 2021, 2022, AND 2023 SAYING THE CHURCH WAS VIOLATING ZONING LAWS.
IN JANUARY – THE CHURCH FILED SUIT AGAINST THE CITY CLAIMING THE CITY WAS INFRINGING ON THE CHURCH’S FIRST AMENDMENT RIGHT TO RELIGIOUS FREEDOM – AS WELL AS THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT – WHICH PROTECTS RELIGIOUS INSTITUTIONS FROM DISCRIMINATION IN ZONING.
IN THE LAWSUIT, THE CHURCH STATED THAT BECAUSE OF THE TOWN’S ACTIONS, “THE CHURCH MUST NOW TURN AWAY HOMELESS OR DISPLACED INDIVIDUALS AND SMALL FAMILIES IN THE TOWN OF CASTLE ROCK RATHER THAN PROVIDE THEM WITH TEMPORARY SHELTER AND OTHER AID, CONTRARY TO THE CHURCH’S RELIGIOUS BELIEFS AND RELIGIOUS MISSION.”
A US DISTRICT COURT JUDGE DANIEL DOMENICO SIDED WITH THE CHURCH WRITING “THE CHURCH HAS ALSO DEMONSTRATED THAT IT WILL SUFFER IRREPARABLE HARM ABSENT A PRELIMINARY INJUNCTION ALLOWING IT TO CARRY ON WITH ITS ON-SITE TEMPORARY SHELTER MINISTRY. THE FACT THAT THE CHURCH HAS ALREADY HAD TO TURN AWAY HOMELESS FAMILIES IN NEED, IN VIOLATION OF ITS SINCERELY HELD BELIEFS THAT IT MUST SERVE AND HOUSE THEM ON ITS PROPERTY, MAKES THIS HARM ALL TOO CLEAR.”
THE PASTOR OF THE CHURCH SPOKE WITH CBS NEWS COLORADO ON MONDAY SAYING “FROM THE VERY BEGINNING OF THIS MINISTRY, WE’VE ONLY EVER WANTED TO OBEY OUR CALL TO REACH OUT, LOVE, AND SERVE THE NEEDY AROUND US. WE ARE GRATEFUL THE COURT UPHOLDS OUR CONSTITUTIONAL RIGHTS TO DO SO.”
TOWN OFFICIALS TOLD CBS NEWS THAT THEY HAVE “RETAINED DEFENSE COUNSEL TO RIGOROUSLY DEFEND THE ZONING AUTHORITY OF COMMUNITIES.”
FOR SAN, I’M LAUREN TAYLOR…
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