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

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

3 hours ago - Zachary Whalen

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

People boarding a bus on Maryland's Orange Route.

Baltimore to break ground on $50 million Transit Priority Project

The project will bring faster bus trips, safer streets and better bike connections to Baltimore.

1 minute ago - Mass Transit

A brick building with a circular sign with the Airbnb logo hanging off of it.

Airbnb launches $250 million 'last-dollar financing' housing accelerator, makes first investment in Austin

The company will put $6.4 million towards affordable housing development in Texas’ capital.

1 hour ago - Smart Cities Dive

One side of the image shows a Chicago bus stop without a bench, the second image shows the bus stop with a yellow and blue bench.

Guerilla urbanists are building DIY bus stop benches in Chicago

A before-and-after of one of the bus stops with a new bench. The new benches are not officially sanctioned or permitted, but the residents who placed them hope they will be the start of a network of DIY benches across the city.

2 hours ago - Block Club Chicago

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.