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First Liberty Briefing

First Liberty Briefing is an exclusive podcast hosted by First Liberty Institute’s Deputy General Counsel Jeremy Dys. In about 90-seconds, once a week, Jeremy recalls the stories that have shaped America’s religious liberty, from the founding era to current legal battles and more. It’s an insider’s look at the stories, cases, people, and laws that have made America the world’s leader in protecting religious liberty.
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Feb 16, 2018

Harbor Missionary Church was required by the city of San Buenaventura, California to file for a conditional use permit in order to continue their homeless ministry. The city denied the permit without much of an explanation. Learn more about the case by visiting FirstLiberty.org/Briefing.


Ministry to the homeless is a difficult, often thankless task for many houses of worship. Some cities tend to make it even harder.

Harbor Missionary Church in the city of San Buenaventura, California had what appeared to be a thriving ministry to the homeless. But San Buenaventura required the church to file for a conditional use permit in order to continue the ministry. They did and were hopeful when the city staff recommended that the permit be issued. But, the city planning commission denied the permit outright and without much of an explanation.

The church filed a lawsuit alleging that the denial violated the Religious Land Use and Institutionalized Persons Act or RLUIPA. On appeal to the United States Court of Appeals for the Ninth Circuit, the church argued that the city had substantially burdened their religious exercise. In fact, without help from the Ninth Circuit, the church would be forced to sell its property and raise $1.4 million in order to relocate their homeless ministry. Thankfully, the Ninth Circuit concluded that the city had violated RLUIPA by denying the special use permit.

Zoning laws are important to local government, but they can be used to prevent the free exercise of religion as well. When they do, RLUIPA provides a check on the government’s exercise of authority against a religious organization’s religious liberty.

To learn how First Liberty is protecting religious liberty for all Americans, visit FirstLiberty.org.

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