Suit filed on behalf of church denied downtown permit

Attorneys asked a federal court Wednesday to require the city of Yuma to stop discriminating against a Yuma church that was denied a permit last year to operate in the historic downtown area.

The lawsuit was filed by attorneys with the Alliance Defense Fund (ADF) and the Center for Arizona Policy on behalf of Centro Familiar Cristiano Buenos Nuevas Christian Church. The suit takes issue with a zoning code they say allows membership groups and theaters to locate in the district while excluding religious organizations.

"Churches should not be singled out for discrimination by a city's zoning restrictions," said ADF senior legal counsel Byron Babione. "Prohibiting a church from occupying its own building simply because a city favors nonreligious assemblies over religious assemblies is not allowed under the Constitution or federal law."

The church had purchased the former JCPenney building at 354 S. Main St. with the intention of establishing a house of worship there.

Due to its location in the Old Town/Historic Zoning District, a conditional use permit was required before the church could be established. City staff analysis indicated that the church did not meet the requirements of the conditional use permit due to conflicts with existing land uses, nonconformity with long-established planning documents and failure to meet other criteria.

On July 9, 2007, the permit was denied by the city of Yuma Planning and Zoning Commission by a vote of 5-0 with two members absent. The vote followed a lengthy hearing during which speakers praised the church's work and downtown property owners expressed concerns about the church's potentially detrimental impact on the revitalization of Main Street, which is focusing on retail, entertainment, residential and government-related professionals.

"The government cannot treat people with nonreligious viewpoints more favorably than people with religious viewpoints," said CAP general counsel Peter Gentala. "The actions of Yuma zoning officials violate the Religious Land Use and Institutionalized Persons Act, a federal statute which protects churches from discriminatory zoning laws. The city's 'you don't fit' attitude does not justify treating religious organizations differently than nonreligious groups."

City Attorney Steve Moore said the city "has been expecting this impending suit since 2007" and has been cooperating and providing information to attorneys for the church. The law firm of Snell and Wilmer will be working with the city.

In addition to the lawsuit, an investigation by the U.S. Department of Justice is continuing into the city's land use practices in its downtown area as the result of a complaint filed on behalf of the church.

To view the complaint filed in the U.S. District Court for the District of Arizona in the case, Centro Familiar Cristiano Buenos Nuevas Christian Church vs. City of Yuma, visit www.alliancedefensefund.org.

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Joyce Lobeck can be reached at
jlobeck@yumasun.com or 539-6853.