Issues@Hand

AFA initiatives, Christian activism, news briefs

September 1999 – The American Family Association Center for Law & Policy (CLP) settled a federal lawsuit against the city of Fountain Valley, California, which had used zoning laws to close down a small immigrant church.

The lawsuit was filed in federal district court in Santa Ana on behalf of Shalom Alliance Fellowship, a church with about 30 Chinese and Filipino members. The church had been forced to close its doors after the city discovered that they were meeting in a storefront, in violation of city codes. The telltale evidence? A city inspector found chairs lined up in a row along with Bibles, hymnals, and a piano. That was enough to convince the city that the law had been violated.

The city had banned churches in areas zoned for commercial use because they didn’t generate tax revenue. According to CLP Senior Trial Attorney Brian Fahling, the practical effect of the city’s zoning scheme was to exclude churches completely from Fountain Valley.

In the lawsuit, Fahling noted that the city allowed other non-tax generating uses such as meeting halls, lodges, fraternities and sororities in commercial zones.

“There was an important constitutional issue involved in this case,” Fahling said. “What Fountain Valley did was let other similar groups use commercially-zoned property while treating churches like the ugly step-sister.”

Fountain Valley agreed to settle the case by formally reversing its ban and by paying Shalom Alliance Fellowship damages as well as attorney’s fees. Fahling commended the city for its response.

“The city and its attorney reacted swiftly and comprehensively in a way I have never seen before,” he said. “There was a genuine sense that they had made a mistake and moved quickly to correct it.”

The case will almost certainly have a wider impact beyond Fountain Valley. Fahling said, “This was a huge victory, because other communities in Southern California were considering enacting the same types of ordinances. This will stop them dead in their tracks.”

Mariano Yeo, pastor of the church, said, “I thank God for giving us this great victory.” He said he was also pleased that other churches would benefit from the city’s decision.

Fahling said, “Part of our mission at AFA is to keep the door open for presentation of the gospel. If there are other cities which are doing the same thing Fountain Valley did, it’s only a matter of time before they find themselves in federal court.”