Appeals court finds for church in case vs. city of Yuma

In a case brought by a Yuma church, a federal appeals court ruled Tuesday that cities cannot impose zoning requirements on churches and other religious organizations that do not apply to others.

In a unanimous decision, the 9th U.S. Circuit Court of Appeals overruled a decision by the city of Yuma in 2007 to deny a permit for a church in the downtown area.

Centro Familiar Cristiano Buenas Nuevas had requested a required conditional use permit to operate a church in the former JCPenney store at 354 S. Main St.

City officials argued that allowing the church there would conflict with efforts by the city and private groups to revitalize the three-block downtown historic district as an area for retail stores, restaurants and entertainment as state law precludes the sale of alcohol within 300 feet of a house of worship.

The church has since lost the property to foreclosure and established a church in another location. With the victory in appeals court, it intends to seek compensation from the city for approximately $200,000 it lost on the property in addition to the legal fees it accrued during the four-year battle, said church representative Martin Lara.

He said he also sees the ruling as having broad implications for churches in other communities where existing ordinances and zoning codes single out religious institutions for special treatment.

“We lost the building but I'm overwhelmed at the response,” he said. “I'm getting calls from all over the country thanking us for fighting the battle. Now they'll be able to build churches in downtowns.”

City Administrator Greg Wilkinson stated, “The city is disappointed at the result of today's decision by the Ninth Circuit Court of Appeals. We are still studying the court's opinion to assess the city's options.”

After the city's decision in 2007, church officials, represented by the Center for Arizona Policy, filed suit in federal court. They said the city's action runs afoul of the federal Religious Land Use and Institutionalized Persons Act that restricts the ability of governments to discriminate against churches and other houses of worship.

In 2009, U.S. District Judge Neil V. Wake ruled that the city did not violate federal law, agreeing in his brief with the city's defense that allowing a church on Main Street would be out of character with the revitalization efforts.

But appellate Judge Andrew Kleinfeld said the key is that the federal law precludes a government from imposing any land-use restriction on a religious assembly on “less than equal terms'' with a similar non-religious organization.

In this case, Kleinfeld said, the “religious organizations'' are required under the Yuma city code to get a conditional use permit to locate in the old town district. But he said “numerous other uses'' are automatically allowed.

“The uses permitted ... include several uses that would seem to put a damper on entertainment, such as ‘correction centers,' or create a dead block uninteresting to tourists and locals seeking ‘lively' entertainment, such as multiple-family dwellings,'' the judge wrote. And, Kleinfeld said, various membership organizations are permitted to locate in the area — except religious ones.

State lawmakers, confronted with the Yuma church's problems last year, agreed to enact their own version of the federal anti-discrimination law, restricting the ability of cities to use zoning laws to keep out churches. But in a nod to redevelopment interests, the new law allows cities to overrule the normal 300-foot restrictions between churches and places that serve alcohol, a move that permits bars and restaurants to be located near the churches.

Howard Fischer of Capitol Media Services contributed to this report.