Refuge Temple Ministries of Atlanta sues City of Forest Park, GeorgiaApr 12, 2001
Refuge Temple Ministries of Atlanta today sued the Atlanta suburb of Forest Park, charging violations of the U.S. and Georgia Constitutions and seeking relief under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). The Becket Fund for Religious Liberty, which won the first case decided under RLUIPA, is representing Refuge Temple Ministries and Pastor Harry Simon in the lawsuit.
The church had been meeting primarily in the home of Pastor Simon since its founding in December, 1997, and had been seeking a permanent home to accommodate its current membership of more than 50 people and allow for future growth. In August, 2000, church officials negotiated a lease for a property located at 770 Main Street in Forest Park, and on August 11 obtained a Zoning Verification from the city's Planning, Building & Zoning Department. The church then entered into a three year lease, paying a $5,600 deposit, and another $7,000 on renovations and $1,300 for utilities.
On August 29, 2000, city officials notified Pastor Simon that the earlier approval of their zoning application was not sufficient, because the City had adopted a new law on August 7, requiring churches to obtain a Special Land Use Permit, where they had previously been allowed as a matter of right. On September 8, the church applied for such a permit, complying with all of the new legal requirements. Although no one appeared in opposition to granting the permit at subsequent Zoning Board and City Council meetings, on December 18, the Council voted to deny the permit without explanation.
The complaint filed today in U.S. District Court for the Northern District of Georgia charges that the City Council's action "imposed a substantial burden" on the church, and violated their Free Speech, Free Exercise and Freedom of Assembly rights under the U.S. and Georgia Constitutions, and their rights under RLUIPA. The city's ordinance, which does not require special permits for private clubs, lodges, theaters, auditoriums or other places of assembly, discriminates against churches in clear violation of the federal religious land use law, the complaint declares. Relevant Cases
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