A federal judge on Wednesday sided with St. Timothy's Episcopal Church in its challenge to Brookings' zoning regulations that limit the number of days the church can operate a soup kitchen.
U.S. Magistrate Judge Mark D. Clark said the city's land use ordinance is a “religious practice” of St. Timothy's feeding the hungry, one of the “core beliefs that guide the Episcopal Church.” It was determined that the government was placing a “substantial burden” on the government.
The city also did not offer a “compelling” interest in restricting the hours and days the church could provide free meals, the judges ruled in a 22-page opinion.
The church's pastor, the Rev. Bernie Lindley, known as “Father Bernie,” said church leaders and members were overjoyed by the judge's ruling.
“I’ve been smiling ever since I saw that,” he said. “We are very happy to know that the judge understood our position.”
On October 25, 2021, the Brookings City Council amended the zoning ordinance for the southern Oregon coastal city of approximately 7,000 people. It created a new conditional use for residential areas called “charitable meal service,” which allowed free meals for no more than three hours a day, from 9 a.m. to 5 p.m. twice a week. The church filed a lawsuit challenging the ordinance in 2022.
For more than a year while the lawsuit was pending, the church continued to serve meals three to four days a week, and the city did not levy any violations for failing to comply with the city's new ordinance. The situation came to a head in mid-April last year when the city told churches they had to apply for a conditional use permit to serve free meals two days a week at city soup kitchens or face fines. Something completely changed.
Since 1953, the church has operated on Fir Street in Brookings. St. Timothy's Church was one of 21 establishments in the single-family residential area. Others include hospitals, nursing homes, day cares, country clubs, golf courses, and more. The church existed before the city planning law came into effect, so it operated under a “de facto conditional use permit.”
The church's clergy and members have been feeding the hungry for more than a decade, providing meals three to four times a week, but during the pandemic, they have been providing meal services up to six times a week. was. In fact, the mayor managed the school lunch service from 2012 to 2018.
By limiting the number of days per week that St. Timothy's Church can provide charitable meal service, a city ordinance would force church leaders and members to “act in accordance with their faith or face a fine of $720 per day.” He forced them to “make a choice” and pressured them to “break their beliefs,” the judge wrote.
The judge also ruled against the city's argument that the ordinance is necessary to maintain public order and prevent crime, and that allowing such meal service to continue in single-family residential zoning is “permissible conduct.” I also dismissed it.
“The court found no logical causal connection between the restrictions and these benefits,” Clark wrote.
The judge also noted that St. Timothy's has a “10-year track record of providing compassionate meal services with the city's knowledge and without the city's intervention.”
The judge noted that none of the other non-residential facilities located in single-family residential areas (golf courses, day cares, hospitals) have restricted food service.
“It is unclear why a church that provides free meals to the public would be considered a 'restaurant' under the city's zoning laws, but a golf course or guesthouse that offers paid meals would not.” “This blatant contradiction undermines the idea that without an ordinance and a conditional use permit, St. Timothy's is not allowed to serve any meals at all. If we can provide that, why not the church?”
The judge ruled that city ordinances prohibit the government from enacting land-use regulations that impose a significant burden on religious activities unless they are done in the least restrictive manner for compelling interests. It was found to be a violation of the Religious Land Use and Facility Residents Act.
Judge declined to specify the “true intent” of the city's efforts to limit free meals at churches, but called church services a “scourge” of attracting “tramps” city officials commented, the opinion said.
The judge denied the city's motion to dismiss the lawsuit because the city had adopted an ordinance amendment that would allow meals to be served three days a week instead of two.
Former Brookings Mayor Ron Hedenskog testified in court testimony that limiting free food service would help solve neighborhood problems. For 10 years, Hedenskog helped manage the church's food service. The city attorney said he had a “strong interest” in ensuring the continuation of the free meals, but also wanted to address public safety concerns.
According to court records, in April 2021, the city ordered city officials to “reconsider allowing vagrants to continue living and congregating in churches, citing vandalism, other crimes, and unsanitary conditions.” We received a petition from neighbors asking for this.
Brandon Usli, who lives across the street from the front of the church, told The Oregonian/OregonLive in November that he started the petition because of an increase in crime in his neighborhood. He said he has installed surveillance cameras and frequently calls police because of drug use, public nudity and fights outside the church.
The judge called the city's ordinance “inappropriate” and called on Brookings officials to recognize that homeless people are indigent citizens, not “vagrants.”
“St. '', the judge wrote. “Homeless people are not vagrants, they are citizens in need. Now is the time for collaboration, not careless ordinances that limit care and resources for vulnerable members of our communities.”
In November, the U.S. Department of Justice filed a court brief supporting the church's lawsuit. Federal attorneys argued that the church's free meals amounted to religious practice and the city's restrictions amounted to discrimination.
Attorneys for the city of Brookings did not respond to messages seeking comment on the ruling.
The church's pastor said he was surprised the city went to this length to defend the ordinance. As the lawsuit is pending, the church continues to serve free meals.
“We never stopped,” Lindley said. “We are forced to do these things.”
–Maxine Bernstein covers federal courts and criminal justice. Contact us at 503-221-8212, mbernstein@oregonian.com. Follow me on X. @maxoregonian Or on LinkedIn.
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