City Settles With Sacramento Church, Drops Zoning Restrictions

By Allie Martin
April 15, 2005

(AgapePress) - Officials in one California city have lifted attendance limitations on a church comprised primarily of Russian immigrants. According to an attorney with the legal group that went to court on the congregation's behalf, many cities' zoning ordinances are not only restrictive to churches but also unconstitutional.

Last year the Pacific Justice Institute filed a federal lawsuit on behalf of the Independent Baptist Church of Sacramento. The suit was filed after city officials ruled that no more than 120 members would be allowed to attend the church's Sunday services, despite the fact that the local fire department had set the church's maximum occupancy rate at more than 500 persons.

As PJI president Brad Dacus notes, the city's actions placed extreme hardships on the congregation. "It's really hard to understand what was going on in the hearts of those making the decision," he says. "We know their reason up front was parking, but it was something that would have been easily mitigated, either through shuttles -- allowing the church to shuttle their people from another parking place -- or allowing them to build on their own land and expand their own parking."

At any rate, PJI was able to see the case amicably resolved. After settling the pending litigation against the city over its zoning ordinances, Independent Baptist Church can now meet with its full congregation on church property for worship services. The favorable outcome has meant a lot to the members of the church.

"One of the elders there at the church expressed how important it was to protect religious freedom," Dacus explains, "because they were having to have their children stay at home." He says the Russian immigrant parishioner made it clear why having the freedom to worship with his whole family mattered particularly here in America.

"Back in the Soviet Union they used to have to have the children stay at home as well because of an action of the government," Dacus continues, "so he was very appreciative that here in the United States he didn't have to continue to have his children stay at home because of this action by the City of Sacramento."

The PJI spokesman says his legal group has represented dozens of churches in zoning conflicts, whether they needed to rent facilities, expand their sites, buy property, or engage in a variety of ministries in their communities. And chief counsel Kevin Snider notes that that PJI attorneys help churches on a day in and day out basis "and find that they often face stiff opposition on such mundane issues as a parking lot."

Dacus says PJI's legal advocacy work has time and again proven "crucial in helping churches exercise their First Amendment rights." The non-profit legal group has had great success, he asserts, in helping churches and other religious organizations to secure their rights and to fight back against government agencies that treat them unfairly.


Allie Martin, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.