Georgia Church Challenges Denial of Zoning Variance In Suit Filed By ACLU

The ACLU of Georgia announced Wednesday that its cooperating attorneys, King & Spalding, have filed a federal lawsuit on behalf of the Tabernacle Community Baptist Church which was denied a zoning variance to permit it to establish a house of worship in East Point, Georgia. An East Point zoning ordinance prohibits churches from occupying buildings that were originally used for commercial purposes, even though a similar non-religious commercial enterprise could purchase the building. The complaint (full text) claims that the denial violates the the church's freedom of religion, speech, association and assembly protected by the U.S. and Georgia constitutions , denies the church equal protection of the laws and due process of law, and violates the federal Religious Land Use and Institutionalized Persons Act.