Florida County Officials Back Off Proposed Church Zoning Restrictions

By Allie Martin
May 4, 2006

(AgapePress) - Officials in one Florida county have voted to revamp a proposed zoning ordinance that, in its original form, restricts the size and location of churches. Liberty Counsel president and general counsel Mat Staver says county government officials have been flooded with e-mails and phone calls in opposition to the measure.

The zoning ordinance that the Palm Beach County Commissioners recently proposed would limit the maximum size of churches to 750 seats in residential areas, with even smaller limitations in suburban (500 seats) and rural neighborhoods (250 seats). The calculation for the total number of seats in a church was to include not only the sanctuary, but the entire church complex.

However, the Orlando-based civil liberties group Liberty Counsel wrote a letter to the Commission and advised the county officials that the proposed ordinance violated both state and federal laws and, being unconstitutional, was subject to legal challenge. Meanwhile, a nationally broadcast interview on the radio show "Crosstalk" generated a barrage of telephone calls from locals and tourists around the U.S., urging the commissioners not to approve the ordinance.

The legal advisory along with public pressure applied through e-mail messages and phone calls prompted the Palm Beach County officials to reconsider. The Commission has now voted to advertise an amendment to the Unified Land Development Code that eliminates the seat limitation on churches. The first reading for the amendment will be on May 25.

Staver says it now appears that the unconstitutional restrictions on church size will be removed from the county's proposal. However, he says Liberty Counsel will continue to "monitor the situation" closely to ensure that the county's churches are not targeted for discriminatory treatment in the future, and the legal group "will not tolerate any retribution" or discrimination against any local church.

"We still must be vigilant," the pro-family attorney notes. "People still must get involved, because what we see in Palm Beach County is happening in other parts of the country, where government officials are trying to restrict the size and growth of churches."

Staver feels this case has been a good reminder of why Christians must "keep aware" of government efforts to infringe on the rights of churches and church members. "And the other good thing that I think Palm Beach County illustrates," he adds, "is that we must be active as well as vigilant, because our voices and our actions can in fact make a difference."

On the other hand, the pro-family lawyer points out, Christians failing to act or to speak out against this kind of discrimination can also have an impact. "Our silence and inaction can also make a difference as well," he says, "but oftentimes it's not good."

Even though the threat of the proposed ordinance in Palm Beach County is defused for now, Staver says Liberty Counsel will be keeping an eye on the situation there, as several churches are even now in the zoning approval process.


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

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