Judge rules against church in downtown zoning case

  A federal judge has ruled against a church in its lawsuit claiming that the city of Yuma had unfairly targeted a religious organization by denying a permit for it to operate a place of worship in property it had purchased on historic Main Street.

  In a 32-page federal decision issued late Friday, U.S. District Judge Neil V. Wake ruled that the city did not violate federal law when the Planning and Zoning Commission denied Centro Familiar Cristiano Buenas Nuevas a conditional use permit to operate a church at 354 S. Main St.

  The ruling denied the allegations that the city had violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000 as well as the first and 14th amendments to the U.S. Constitution and the Arizona Religious Freedom Restoration Act.

  The church and its pastor brought the suit after the commission's unanimous decision in July 2007 denying the church's request for a permit. The church was represented by attorneys from the Center for Arizona Policy and the Alliance Defense Fund.

  In his legal document, Judge Wake agreed with the city's defense that allowing a church on Main Street would be out of character with planning documents and previous city and private efforts to revitalize the three-block historic street as a retail, restaurant and entertainment destination.

  He also concluded that other suitable properties were available. Further, that the church failed to secure the conditional use permit before purchasing the property, which was in foreclosure.

  "There is no doubt that allowing religious organizations to locate on Main Street would affect the mix of other uses able to operate there and could consequently compromise the city's plans and investments," Wake wrote.

  Therefore, he concluded, the city did not violate either the state or federal law. Nor did the commission's decision violate the church's amendment rights to free speech and free association, he wrote.

   "We respectfully disagree with the ruling," said Deborah Sheasby, an attorney with the Center for Arizona Policy and part of the church's legal representation. "We feel the churches have a right to assemble as well as other groups."

  Byron Babione, senior legal counsel with the Alliance for Defense Fund, feels strongly that the city of Yuma did violate RLUIPA.

  "Federal law says cities cannot treat churches differently from non-religious organizations. When Congress enacted RLUIPA, it did it to stop cities from keeping churches out of areas where there are theaters, dance halls and other uses. In our view, that is exactly what happened."

  He said the attorneys are discussing various options with the church but it's likely that the ruling will be appealed. If so, it would be filed with the U.S. Court of Appeals 9th Circuit.

  The city, meanwhile, sees the ruling as an affirmation.

  "This verifies that our planning and zoning processes are correct and constitutionally sound", said Laurie Lineberry, director of community development for the city. "The ruling protects the many public and private investments made in the downtown historic area."

  City Administrator Mark Watson said the city made every effort to work with the church. "We look forward to continuing to work with church leaders to help them find a location that benefits everyone involved."

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