ACLJ Urges 11th Circuit To Protect Christian Church Ministry From Being Zoned Out of Existence by Discriminatory Government

We presented oral argument last week before a three-judge panel of the Eleventh Circuit Court of Appeals in our federal case against Cherokee County, Georgia, (“County”) for discrimination against a church ministry. We represent a local Christian ministry, Vision Warriors Church, Inc. Vision Warriors offers a faith-based residential program to men struggling to overcome addiction and trauma, and it teaches them to be better disciples, fathers, husbands, leaders, and friends. Vision Warriors has been instrumental in changing countless lives and restoring families and marriages. Unfortunately, the County seeks to shut it down.

Several years ago, the ministry was finally able to purchase a property that met all its needs. The property – previously owned by another ministry – already contained a residential building for those enrolled in its program, as well as a worship space and large kitchen to gather with those in the community for regular meetings, worship, and prayer. Prior to purchasing the property, Vision Warriors did everything it was supposed to do in regard to zoning. It met with the County zoning administrator and obtained the necessary zoning certification.

However, once the ministry was up and running, the County changed its tune and revoked the zoning approval previously granted. The County also amended its zoning ordinances on two separate occasions ensuring that Vision Warriors would have to follow a laborious zoning process to continue its ministry and, ultimately, be unsuccessful in obtaining approval. As we allege in our complaint and the briefs on appeal filed in court, the County’s reversal of zoning approval was driven by stereotypes and discriminatory bias against the ministry.

Notably, during the long zoning process, Vision Warriors encouraged County officials to come see the ministry for itself and meet its members. Two County officials agreed and, following their visit, voted in favor of granting Vision Warriors zoning approval. The rest, however, refused and rendered decisions in the zoning process that would effectively shut down the ministry. Amid the zoning process, and before hearing Vision Warriors’ zoning appeal, one County official who would be presiding over the appeal even told members of the public that Vision Warriors wouldn’t obtain a favorable result and would need to file in court.

Once Vision Warriors exhausted the zoning process, they reached out to the ACLJ, and we stepped in and filed suit against the County. One of the arguments we presented to the Eleventh Circuit on appeal is that the district court applied the wrong standard when dismissing Vision Warriors’ RLUIPA claim. RLUIPA (Religious Land Use and Institutionalized Persons Act) is a federal law that protects individuals and religious organizations from discrimination in zoning laws by prohibiting (among other things) the application of zoning laws in a manner that would result in a substantial burden on religious exercise without a compelling reason for doing so. The Eleventh Circuit recently held that a substantial burden does not have to be one that completely prevents religious activity. (This is the standard applied by the district court). If the burden is one that results in modified behavior and is the result of government conduct or pressure, that is enough.

Vision Warriors’ lawsuit alleges a substantial burden on religious exercise. Not only has the County utilized its zoning laws to burden Vision Warriors’ religious exercise, but it has also sought to shut it down altogether by demanding that it cease its residential program. What makes this case more egregious is that the County allows other similar residential uses in the same zoning area. In sum, Vision Warriors has been singled out and treated less favorably because of who they are.

We hope this much-needed ministry will not be hindered any further in carrying out its faith-based mission. We will continue to fight in court in hopes that Vision Warriors’ life-changing mission to those in the community can continue.