Tuesday, November 29, 2005

Location Limit on Church's Parolee Facility Upheld

In Pastor Rick Barr v. City of Sinton, a Texas appellate court rejected a minister's state statutory and constitutional claims and upheld a city ordinance that prohibited locating a correctional or rehabilitation facility within 1000 feet of a residential area, school, park or place of worship. Two homes that provide housing for parolees and probationers are operated by Pastor Barr and his corporation, and are located across the street from their sponsoring church. The court rejected the claim that the statute violated plaintiff's free exercise of religion and free speech rights under Art. I, Sec. 6 and 8 of the Texas Constitution and the Texas Religious Freedom Act.