"For a dream . . .
comes with much business and painful
effort." Ecclesiates 5:3.
All we wanted to do was open a small, store
front church and minister to our community. What we found ourselves
in was a huge legal battle with our local aldermen and the City of St.
Louis. Everything seemed fine when we applied for our building/occupancy
permit for a storefront location on Gravois Avenue. We were informed
by the Business Assistance Center at city hall that we needed to contact
the alderman for that area and the neighborhood association. That is
when the war erupted. We were informed by the neighborhood association,
Bevo 2001, that a redevelopment plan was in the works for the Gravois
Business Area that would prohibit storefront churches and "other
undesirables". We were in shock. I do not know about you, but the
last time I studied the U.S. Constitution, it was illegal to ban churches.
We contacted our church attorney, Robert Arb, and he advised us that
we had every right to be there and to continue to press forward with
opening our church.
We went before the Zoning Commissioner
and were turned down for our occupancy permit because we did not have
enough off street parking. So, we set up an appeal with the Board of
Public Service and went on the hunt for additional off street parking.
For a building our size, we needed 10 off street parking splaces. We
were able to secure 21 parking spaces. We also prayed and asked God
to intervene in this situation. Two weeks before our hearing, President
Bill Clinton signed the Religious Land Use and Institutionalized Persons
Act of 2000 (RLUIPA), which made it a federal law that municipalities
could not zone out churches from any zoning district. Feeling very confident
with the new federal law and the 21 parking spaces, we went before the
Board of Public Service. You can imagine our shock when we were turned
down, not for lack of off street parking, but because we were "not
compatible with, nor did we compliment, the surrounding uses".
When our attorney, Robert Arb, presented the Board with the RLUIPA law,
he was told "This does not apply to us". We left the Board
of Public Service hearing knowing we were headed for court.
With the RLUIPA law in hand, Robert Arb
filed suit on our behalf in the St. Louis Circuit Court asking the Court
to overturn the Board of Public Service's decision. On April 30, 2001,
Judge Robert H. Dierker, Jr. ruled that the Board's decision was "illegal,
unsupported by copetent and substantial evidence on the whole record,
and a patent abuse of discretion." Judge Dierker then ordered the
Board of Public Service to issue us our occupancy permit. Unfortunately,
during the long wait for a decision, we lost the lease for the property
on Gravois Avenue. Despite the ruling from the Circuit Court, the Board
of Public Service and the City of St. Louis refused to change their
redevelopment plans to ban store front churches. After much prayer and
consideration, we had our attorney file suit in Federal Court on August
23, 2001, asking the court to challenge the City's redevelopment plan
using the new RLUIPA law. On September 24, 2001, a settlement agreement
was approved by Federal Judge Rodney Sippel between Hole in the Roof
Ministry Center and the City of St. Louis that stated that churches
were indeed allowed in any zoning district and could not be banned.
This major victory helps not only us here at Hole in the Roof Ministry
Center, but all churches in the State of Missouri. Now, we can minister
as we wanted to here in the South St. Louis area. God has been faithful
to our diligence to fight for what was right and in answer to our prayers.
Praise God! HE IS FAITHFUL!
|