Tuesday, November 18, 2008

Town Sued Over Zoning Ban Preventing Church From Sheltering Homeless

According to the Pittsburgh Post-Gazette, the Pennsylvania ACLU filed a lawsuit in federal court yesterday on behalf of First Apostles Doctrine Church of Brookville, Pennsylvania. The church and its pastor, Rev. Jack L. Wisor, want to use the church as a homeless shelter, saying providing shelter to "guests" is part of its ministry. In August, Wisor was fined $500 for zoning violations stemming from his allowing three homeless men to live in the church's parsonage. (See prior posting.) The lawsuit alleges that the zoning enforcement violates the 1st Amendment's free exercise clause, the 4th Amendment's protection against unreasonable search and seizure, RLUIPA and Pennsylvania's Religious Freedom Protection Act.

UPDATE: The day after the lawsuit was filed, the parties reached a settlement agreement and on Wednesday the court issued an order that permits the church to resume housing up to eight homeless people and two staff members. (York (PA) Daily Record).