Town Officials Insist Church Grounds Can’t Be Used for This Purpose
The Bible has much to say about the poor and how they should be treated- a message that leaders at The Rock Church in Castle Rock, Colorado, have taken to heart.
In their efforts to do their Christian duty and not shut their ears to the cries of poor people, The Rock Church set up two RVs in their parking lot to welcome people who needed a place to stay. But town busybodies have been working hard to see that those RVs stay empty, using the power of zoning laws and pure spite.
Between The Rock and a Hard Place
The RV sites at The Rock Church were first installed in 2018. They provided shelter for 12 to 15 homeless people struggling to get back on their feet until NIMBYs set their sights on the project.
They were unmoved by the story of Frederick Krueger, a man who found himself with no shelter, no transportation, and no job in the middle of winter 2022. Krueger said that people from the church not only housed him in the RV but also helped to feed him, fix his truck, and find him a steady job as well as a permanent place to live. He speaks highly of the church’s program, saying, “These guys, they never stopped…had it not been for them, no one else was gonna do anything.”
Unfortunately, since the town declared the RV sites at The Rock Church a zoning violation, many people have had to be turned away from housing and help that could change the course of their lives.
The church’s lead pastor, Mike Polhemus, has struggled with the town’s decision, saying, “We’ve had a single mom with three young children that we weren’t able to bring in because of the determination. So, we’re trying to adhere to it, but if it becomes a life and death situation, we’re gonna do what we need to do to help those who are struggling.”
The Rock Pushes Back
The journey to this point has already been one of a lot of back and forth between the town and the church. Years of it, in fact. On at least three separate occasions in 2021, 2022, and 2023, the two have butted heads. When the official zoning violation determination came down, The Rock Church filed a civil suit in a failed attempt to reach some compromise.
Now, they’re taking the legal fight to the federal level. The church has filed a federal lawsuit alleging that the town of Castle Rock cannot prevent it from housing homeless people on church property without infringing upon the First Amendment right to free exercise of religion.
They’ve also filed for, and have been granted, a preliminary injunction that will allow the church to continue to house unhoused people in the RVs in the meantime until the case is decided. The Church is determined to fight as long as it can, even taking its case all the way to the Supreme Court if necessary.
The Religious Land Use and Institutionalized Persons Act
The Religious Land Use and Institutionalized Persons Act is a law that was passed in 2000 that exempts religious institutions from zoning laws that would otherwise apply to their properties. Specifically, it states that:
No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government can demonstrate that imposition of the burden on that person, assembly or institution
- is in furtherance of a compelling governmental interest; and
- is the least restrictive means of furthering that compelling governmental interest.
U.S. District Judge Daniel Domenico has ruled that the town of Castle Rock is indeed in violation of this law since it has failed to provide a compelling reason for limiting the church’s religious expression.
In its defense, the town of Castle Rock has argued that the church could find other ways of helping the needy, such as opening up members’ homes to homeless people, providing hotel rooms, or buying a property to house people in an area already zoned for residential use.
These arguments didn’t land with the judge, who ultimately concluded, “The Church stresses that by preventing it from allowing the homeless to live on its property, the Town is precluding the Church from exercising its religious beliefs regardless of whether it might be possible to provide for the needy in some other way.”
It’s Not Looking Good for Castle Rock
Based on the judge’s remarks when granting the temporary injunction, it would seem that The Rock Church has a strong case against the town of Castle Rock. Domenico absolutely read the town NIMBYs for filth when he said, “the Town appears concerned about the precedent that would be set, which it suggests might allow either much larger housing projects on the Church’s own property or other institutions or individuals to try to use mobile homes in a similar manner. The [Town’s] argument echoes the classic rejoinder of bureaucrats throughout history: If I make an exception for you, I’ll have to make one for everybody, so no exceptions.”
This assessment rings very true, considering that Castle Rock already has a ban on people living in RVs point blank and sits in a wealthy county devoid of homeless shelters. It’s very clear that the town is making every attempt to keep homeless people out of view of their ivory towers.
A Precedent to Follow
If this case goes in favor of The Rock Church, it could open up the doors not only for a larger housing project on church grounds but also to all types of housing projects at religious institutions across the nation. The more people know about what the Religious Land Use and Institutionalized Persons Act can do, the more they may feel encouraged to get creative and use the space they have for projects that can help people in their local homeless community.
While some churches may hesitate to get into drawn-out, costly legal battles to defend their right to help homeless people, The Rock Church may be just the heavy hitter to set a strong precedent and smooth the path for others who wish to follow in its footsteps.
