Liberty Counsel Files Suit Challenging City's "Church-Free" Zoning Ordinance

Jul 25, 2006

Erie, PA - Liberty Counsel has now filed suit on behalf of Lighthouse Christian Center against the city of Titusville, Pennsylvania, alleging that the City's "church-free" zoning ordinance violates the First and Fourteenth Amendments and the Religious Land Use and Institutionalized Persons Act.

Until recently, Lighthouse Christian Center was located in East Hickory, Pennsylvania, in a 1,400 sq. ft. building with no running water or sewer. The church outgrew the facility. Lighthouse then secured a lease in the nearby city of Titusville in a rather large C-1 commercial zone. The property was large enough that Lighthouse could eventually include a Christian bookstore, food storage and distribution, outreach to teenagers and a television ministry, in addition to the twice-weekly worship meetings. The property is located in the target population of the church's primary outreach to teenagers. However, the City has refused to allow Lighthouse to use the property, citing its zoning code, Article 1311 Section 1311.04. On its face, the code section does not allow churches, either as a matter of right or as a special exception, and states: "Uses not specifically listed or defined to be included in the categories under this article shall not be permitted." However, the code does permit, as a matter of right, clubs and lodges, bars, theaters and "amusements." Because the City's code prohibits churches from occupying property in the C-1 zone, Lighthouse was forced outside the city of Titusville, where it is renting a temporary building that lacks heat and insulation.

Anita L. Staver, President of Liberty Counsel, stated: "The City has no basis for prohibiting churches and places of worship in the same district that allows secular assemblies such as theaters, clubs, lodges, restaurants, bars and amusements. The city of Titusville's 'church-free' zone is unconstitutional and also violates federal law. Common sense dictates that if theaters or private clubs are permitted, then churches cannot be banned."

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