Lawsuit Challenges Zoning to Limit Church Soup Kitchens

Local residents of Brookings, Oregon say a local church's meal services during the pandemic were attracting crime and vagrancy, so the city passed a zoning ordinance that limited the number of days the church could serve meals to two a week.

1 minute read

February 2, 2022, 11:00 AM PST

By James Brasuell @CasualBrasuell


An aerial image of the city of Brookings, Oregon, a small town located on the Pacific Coast.

Brookings, Oregon, located on the Pacific Coast, just north of the Oregon-California border. | Manuela Durson / Shutterstock

"An Oregon church is suing the city of Brookings, Oregon, over limits the local government has imposed on how often it can serve free meals to the poor," according to an article by Christian Britschgi for Reason.

Last year, the city implemented zoning changes that limit churches in residential-zoned areas to serving meals only two days a week and require churches to acquire city permits to operate soup kitchens. Alex Hasenstab reported on the new law for OPB in October 2021.

"A federal lawsuit filed Friday by St. Timothy's Episcopal Church argues that Brookings' regulations on 'benevolent meal service' unconstitutionally restrict its religious mission to feed the hungry," explains Britschgi.

While a planner might reasonably question whether Brookings has run afoul of the Religious Land Use and Institutionalized Persons Act, the lawsuit cites the First Amendment to claim that the law is impeding the church's ability to practice its religion.

Britschgi has been covering the controversy since the city passed the law in October. "The city says that the new ordinance was crafted in response to concerns raised by neighbors near the local St. Timothy's Episcopal Church about the crime and vagrancy that its homeless services were bringing to the surrounding area," wrote Britschgi at the time.

Monday, January 31, 2022 in Reason

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