Churches Under Fire: Legal Battles Over Helping the Homeless Intensify Nationwide

There's an escalating battle over the right of churches to help the homeless. Local authorities are threatening churches and non-profits with fines and other legal action – accusing them of violating zoning laws and local ordinances by housing and feeding homeless people. 

As ministries face legal challenges from local authorities, some are finding a bit of sanctuary in a federal law that protects freedom of worship.

The Rock, a church in Castle Rock, Colorado, has provided shelter to people experiencing homelessness in an RV and trailer behind the church. 

"About six years ago we started using trailers on the back side of our property, two trailers on the back side of our property, to help those that are struggling in our community," said Pastor Mike Polhemus. 

*** 'It's Shocking': Colorado Church in Court After Town Halts Its Emergency Homeless Shelter

The church's ministries also include food distribution, job training, financial assistance, and other efforts to help them transition into long-term solutions. However, at least one neighbor isn't comfortable with the location of the temporary shelters. 

"Without any access to basic locations of groceries, work – I don't feel like this is the right place for it," said nearby resident Sonia Moran.

Between 2021 and 2023, the town ordered the church to cease its ministry. Recently, a judge ordered the ministry could continue housing people in their RVs while the case is heard in the courts. 

"But it's really difficult for pastors to not only be under these constant threats by the government, have to talk to attorneys in an area that they don't really know that much about, but then also have to continue to care for the desperate ministries around them," said Jeremy Dys, Senior Counsel for First Liberty. 

Dys is representing the church in its lawsuit against the town for violating the right to practice religion. 

"This is why we filed a lawsuit, because of our religious freedom – to continue to do what we believe we're called to do," said Pastor Polhemus. 

It's not only religious freedom at stake. For those being helped, it could mean the difference between staying on the streets or getting a chance at starting a new life. 

"If it wasn't for this trailer and this church, I feel I would have been in the same position because I wouldn't have left that – that element that I needed to get away from," said a former trailer resident. 

Similar legal battles are being fought across the country. In Byron, Ohio, First Liberty is representing Pastor Chris Avell of Dad's Place, who faced nearly two-dozen criminal charges for housing the homeless. The charges were dismissed after Dad's Place agreed to cease its residential operations temporarily while seeking the necessary building certification and zoning permits. The legal fight continues.

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In Oregon, St. Timothy's Episcopal Church won the right to continue serving meals to the homeless. Also, for Micah's Way in Santa Ann, California, a federal judge gave a favorable ruling, protecting their outreach efforts. 

"We've got other ones as well, synagogues that are trying to operate their religious ministries out of their home in Hawaii," said Dys. "I've got a church in New Hampshire that is trying to use his barn, the pastor's barn, as the place to plant the church and the town is giving them problems up there as well. I could go on about other issues that churches and synagogues and other houses of worship are facing, but all of them are united under one theme: that the towns and the cities simply don't want that religious ministry occurring in their neck of the woods and want to push them to the margins of their community, if not shut them down altogether."

Dys says the saving grace is a federal law called "The Religious Land Use and Institutionalized Persons Act" which protects religious institutions from discriminatory zoning laws and other land use regulations that are used to restrict religious exercise. 

"Rather than punishing these pastors, cities should be encouraging them and praising them for their good efforts," said Dys. 

Instead, Dys sees this struggle becoming more commonplace. The outcome of these legal battles will have significant implications for religious freedom and community outreach nationwide. 

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