Palm Beach County, FL - On behalf of a large number of churches in Palm Beach County, Florida, Liberty Counsel wrote a letter to the Commissioners stating that a proposed zoning ordinance which restricts the size and location of churches is unconstitutional and subject to legal challenge.

The proposed ordinance limits the maximum size of churches to 750 seats in residential areas, with even smaller limitations in suburban and rural neighborhoods. The space limitations include meeting halls and daycare centers or other church facilities. South Palm Community Church, where its current 1,200 worshippers (2,200 on Easter) meet in a public school building, purchased an option to buy 38 acres for a planned expansion. The proposed ordinance would limit the church to 250 total seats throughout the facility. Beacon Baptist Church's current building is packed out with 280. Their building project will provide 800 seats on 20 acres, which the Church owns debt free. The Church has spent about $80,000 on zoning and building studies. The proposed ordinance would prevent the church from building. Even though the Church meets all the current zoning laws, the proposed ordinance, which some believe is designed to stop Beacon Baptist, is retroactive and would divest the Church of its property interest.

Liberty Counsel advised pastors, builders and planners that the proposed ordinance violated both federal and state law. The proposal violates the First Amendment, the Florida Constitution, the federal law known as the Religious Land Use and Institutionalized Persons Act, and the Florida Religious Freedom Restoration Act passed by the Florida legislature in 1998, which was drafted by Mathew D. Staver, President and General Counsel of Liberty Counsel.

The Commissioners have been flooded with e-mails and phone calls in opposition to the proposal. The overwhelming show of opposition surprised county officials during a public hearing in March. Today county planning officials will be seeking approval to advertise several options to be voted on in May. One option is to pass the ordinance as drafted. Another is to table the proposal, and another is to eliminate the church size restrictions. The letter by Liberty Counsel to the Commissioners warns that the size restrictions are unconstitutional, and, if passed, Liberty Counsel will file suit on behalf of the churches and houses of worship.

Commenting on this situation, Mathew Staver said: "We first want to seek an amicable resolution with Palm Beach County. But make no mistake, we are resolved to stop the county from infringing upon the religious rights of these churches and houses of worship. If the proposed ordinance is passed, we will sue, and we intend to win. The county should do the right thing and abandon the proposed ordinance. Otherwise, the county will face a costly and losing battle."