Limits lifted for Idaho's No Limits Christian Ministries
ADF-allied attorney secures right of church ministering to military families to meet on its rented property
Friday, Jun 10, 2011
ADF attorney sound bite (6/10/11): Joseph Infranco
MOUNTAIN HOME, Idaho — An Alliance Defense Fund allied attorney secured a court order Wednesday that will allow a church to meet on its leased property after the city of Mountain Home attempted to stop the congregation’s weekly worship services. The order resolves the primary issue of the church’s lawsuit against the city, which argued that the city’s zoning code violated federal law and the constitutionally protected rights of No Limits Christian Ministries.
“Churches should not be singled out for discrimination by a city’s zoning restrictions,” said John W. Mauck, lead counsel in the suit and one of more than 2,000 attorneys in the ADF alliance. “The city of Mountain Home did the right thing by agreeing to this court order and letting this growing church meet on its leased property so it can exercise its constitutionally protected right to assemble--just like everyone else.”
“This case is just one of numerous lawsuits throughout the country demonstrating that many municipalities don’t understand the law. Zoning schemes may not exclude churches or single them out from similar uses for disfavored treatment,” explained ADF Senior Counsel Joseph Infranco. “This lawsuit had a great outcome, and we hope other cities in similar situations will take notice.”
Officials with the city of Mountain Home would not allow the 70-member church, which ministers to a number of military families, to locate in any of the city’s zones. The city required the church to go through a burdensome conditional use permit process to assemble on the land that it leased, even though non-religious assemblies are freely allowed to meet within the city’s zones.
ADF-allied attorneys with the Chicago law firm of Mauck & Baker filed suit against the city on May 31. The suit contended that city zoning officials were violating the U.S. and Idaho constitutions as well as the federal Religious Land Use and Institutionalized Persons Act, which prevents zoning officials from singling out churches for discriminatory treatment.
“Churches should not be singled out for discrimination by a city’s zoning restrictions,” said John W. Mauck, lead counsel in the suit and one of more than 2,000 attorneys in the ADF alliance. “The city of Mountain Home did the right thing by agreeing to this court order and letting this growing church meet on its leased property so it can exercise its constitutionally protected right to assemble--just like everyone else.”
“This case is just one of numerous lawsuits throughout the country demonstrating that many municipalities don’t understand the law. Zoning schemes may not exclude churches or single them out from similar uses for disfavored treatment,” explained ADF Senior Counsel Joseph Infranco. “This lawsuit had a great outcome, and we hope other cities in similar situations will take notice.”
Officials with the city of Mountain Home would not allow the 70-member church, which ministers to a number of military families, to locate in any of the city’s zones. The city required the church to go through a burdensome conditional use permit process to assemble on the land that it leased, even though non-religious assemblies are freely allowed to meet within the city’s zones.
ADF-allied attorneys with the Chicago law firm of Mauck & Baker filed suit against the city on May 31. The suit contended that city zoning officials were violating the U.S. and Idaho constitutions as well as the federal Religious Land Use and Institutionalized Persons Act, which prevents zoning officials from singling out churches for discriminatory treatment.
The order in No Limits Christian Ministries v. City of Mountain Home was issued by the U.S. District Court for the District of Idaho.
- ADF “Speak Up” Church website
- Pronunciation guide: Infranco (in-FRANK’-oh), Mauck (MOWK’)
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.