Attorney representing the church claims the crackdown violates their First Amendment right to religious liberty
The 1st Amendment protects pastors and churches all across the country: Jeremy Dys
First Liberty Institute senior counsel Jeremy Dys and Pastor Jose Manuel Castro discuss the church's legal battle over its food bank ministry on 'Fox News @ Night.'
A Colorado church filed a federal lawsuit against the town of Castle Rock after local officials allegedly cracked down on their use of RVs to shelter members of the local homeless population, according to a May press release from First Liberty Institute.
Attorney Jeremy Dys, senior counsel for the organization, says the crackdown violates the church's First Amendment right to religious liberty.
"Every law in this country is subject to the Constitution, and we have said that the government has to act very carefully if any of its laws and its rules run up against the free exercise of religion and federal law, has taken that even a step further to say when it comes to land use regulations, when a county party can or can't do something on your property. Well, they're going to have to demonstrate that they are pursuing a very compelling justification for shutting down that religious activity," he told Fox News Digital during a recent phone interview.
"It's obviously something that is harming no one. It's on the back of the property. It is helping everyone. It's a very minimal ministry, meaning there has been less than ten people or so they've gone through that in a period of five to eight years, so I just don't quite understand why the city has been so bent on preventing this church from doing the right thing. They should be supporting the church rather than trying to stop their ministry," he added later.
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I-25 traffic and Castle Rock photographed in Castle Rock, Colorado on Thursday, September 14, 2022. (Hyoung Chang/The Denver Post)
The RVs used to house the homeless sit on a parking lot on the church's 54-acre property that spans to the Rocky Mountains and is reportedly distant from residential areas.
First Liberty's press release says the town claims these RVs – or temporary shelter ministries – violate zoning ordinances and put an end to the practice last December.
"It has essentially decided that it’s illegal to offer temporary shelter to the homeless, but okay to let them freeze on the frigid cold sidewalks," the release read in part.
The Rock church is said to provide a number of ministries to help members of the community, including financial assistance, food distribution and job training. The RVs serve as temporary shelter for those seeking to get back on their feet after being displaced.
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The Rock church in Castle Rock, Colorado filled a federal lawsuit against the town last month, claiming crackdowns on their temporary shelter ministry constitute violations of the First Amendment. (iStock)
Despite the crackdown by officials, the church continues to do what they believe is right, and that decision created other problems, Dys said, as the town has allegedly threatened to revoke the license of the coffee service housed in the church.
"They've also sort of interfered with the relationship the church has with the Red Cross. They've sort of interfered with the relationship the church has with the county to help other people out," Dys added, pointing to claims made in the lawsuit.
Insisting the crackdown violates religious expression rights, First Liberty filed a federal lawsuit last month, requesting that the town "stop abusing its code" and allow the church to continue its ministry without disruption.
The Rock church has used two RVs to offer displaced members of the community a place to stay until they are back on their feet again, according to a press release. (iStock)
"People in the community depend on the church’s ministry—particularly single moms and their children who, without the church’s help, would be separated and placed with foster families while homeless. Many have nowhere else to turn, especially because neither the town or county has emergency temporary shelter for individuals experiencing homelessness or who are otherwise suddenly without a place," the press release said.
Fox News Digital reached out to the town of Castle Rock for comment and received the following response: "The Town has retained defense counsel to rigorously defend the zoning authority of communities."
The town had no further comment on active litigation.
The Rock church isn't the only instance of churches experiencing crackdowns for housing the homeless.
Dys appeared on "Fox News @ Night" with pastor Chris Avell in late April to discuss backlash against Dad's Place Church in Bryan, Ohio for allegedly creating a fire hazard by housing people with no place to turn.
Taylor Penley is an associate editor with Fox News.
