Church Charges Spotsylvania County Violates Religious Freedom and First Amendment Rights. On June 28, Zoan Baptist Church of Fredericksburg filed for a preliminary injunction against Spotsylvania County, Virginia. The church argues the county is violating the church’s federal rights in how it is applying a zoning ordinance to the church’s school, The Summit Academy. The church’s filing states that it is unable to operate the Academy, a ministry of the church that is a religious not-for-profit school of only 20 students, unless the county grants a “special permit” for it to do so. The church is represented by the public interest law firm, the Thomas More Society, by Mauck & Baker, LLC, a Chicago law firm as Special Counsel to the Society, and by James Davids of the Singer Legal Group in Virginia Beach. The complaint was filed in the United States District Court for the Eastern Division of Virginia.

The court filing asserts the county’s requirement of permission is illegal because the county is exceeding its constitutional authority by declaring what is and what is not a “church.”

Zoan Baptist Church’s executive pastor, Jesse Booth, stated he informed Spotsylvania County that the church was doing what was required by the zoning code, since The Summit Academy is part of the church’s ministry and is operated by the church. However, the church’s court filing states that the county ignored the church’s justification for not needing a special use permit. The church also claims such a process would not allow the school to open on time for the upcoming 2017-2018 school year.

“The county is not accepting the fact that this school is a legitimate accessory use, not requiring a special use permit. Regrettably, that view of the ordinance ties the hands of the zoning administrators because they must put the church through a lengthy process of two or more public hearings over a period of at least three months,” says Tom Brejcha, President and Chief Counsel of the Thomas More Society.

“Parents, students, and faculty need to know in July—not in September or October—if they can return to school in the fall. Excessive bureaucratic procedures have created an uncertainty that is—as we file this suit—damaging and potentially devastating,” said Brejcha.

According to the federal complaint, the church believes it will succeed because:

• The academy is a religious accessory use of the church and permitted at the property as of right.
• The academy is an accessory use, complying with the county’s ordinance.
• The county’s ordinance and action have imposed a substantial burden on the church, in violation of the Religious Land Use and Institutionalized Persons Act.
• Denying the church a valid accessory use and requiring it to go through an expensive, lengthy, and unnecessary special use application imposes a “substantial burden” on the church.
• The county’s ordinance and actions violate the First Amendment of the United States Constitution.
• The county’s ordinance and actions violate the Establishment Clause of the United States Constitution, challenging the church’s religious legitimacy.
• There is legal precedent that the church will suffer irreparable harm if the injunction is denied because of the “loss of First Amendment freedoms.”

“The Zoan Baptist Church has an educational wing that is clearly accessory use for a school, which has also been approved by the fire marshal and building department for educational use,” says Patrick Looby, Academic Dean for The Summit Academy. "For the county to say that we can have a school building, but can't actually use the school building for education, doesn't make sense."

Thomas More Society Special Counsel, John Mauck, says:

“Giving the church the freedom that is guaranteed in the U.S. Constitution also serves the public interest. Why would residents of Spotsylvania County want to see their leadership apply ordinances in an unconstitutional manner to burden the church and deny its constitutional rights to students? If the county wants to avoid immediate court action, we ask that the county agree immediately to a one-year recognition of the school’s continued right to educate their students at the church property. During the upcoming year the parties can negotiate their interests, and if not, perhaps mediation or court action down the road will resolve the dispute. The taxpayers will save potentially $200,000 because 20 students will be educated at private rather than public expense. However, if the county does not make that reasonable accommodation, the church will have the right to obtain damages.”

View the Complaint for Declaratory and Injunctive Relief filed in the United States District Court for the Eastern District of Virginia here.