City Fined For Blocking Church’s Effort
A city in Oregon is facing over $400,000 in legal fees and other costs after halting a church’s homeless outreach program, which provided free meals to those in need several days a week. The decision came after neighbors lodged complaints.
Last week, Brookings reached a settlement with St. Timothy’s Episcopal Church, agreeing to overturn a local ordinance that had restricted the church’s ministry. According to Oregon Public Broadcasting (OPB), the settlement requires the city to pay $375,000 to the legal firm Stoel Rives LLP and $43,000 to the Oregon Justice Resource Center. Father Bernie Lindley of St. Timothy’s told OPB, “We didn’t want it to come to this, but we had to defend our religious freedoms.” He expressed relief that the matter was resolved, allowing the church to resume its focus on helping the community’s marginalized population without the distraction of a lawsuit.
Brookings City Council Member Clayton Malmberg acknowledged last week that it was unfortunate the issue had escalated to this point. He noted that the conflict stemmed from a failure to work collaboratively with the community to balance addressing local needs while minimizing the ministry’s impact on nearby residents. However, Malmberg pointed out that the concerns raised by neighbors over the ministry’s operations persist.
In 2021, Brookings unanimously passed Ordinance 21-O-795, which required food providers in residential zones to obtain a conditional use permit. This ordinance limited providers, like St. Timothy’s, to serving meals only twice a week, severely restricting the church’s outreach efforts that had grown since its inception in 2009. Brookings City Manager Janelle Howard explained at the time that residents had complained about the ministry’s effects, such as trespassing, littering, and noise.
The church filed a lawsuit in 2022, claiming that the ordinance violated the Religious Land Use and Institutionalized Persons Act (RLUIPA), which prohibits land-use regulations that burden religious practices. The U.S. Department of Justice supported the church, with Assistant Attorney General Kristen Clarke affirming the importance of protecting religious organizations from discriminatory zoning laws.
In March, U.S. Magistrate Judge Mark Clarke ruled against the ordinance, stating that St. Timothy’s feeding ministry was a legitimate religious practice. He determined that the ordinance imposed a substantial burden on the church’s religious exercise and was not the least restrictive method for achieving the city’s goals.