A federal district court judge ruled this week that St. Timothy’s Episcopal Church in the coastal community of Brookings can continue to freely serve meals to the growing homeless population.

The church had sued the city in 2022 over a new ordinance that required a permit for meal services in residential zones and limited the number of days meals could be served to just two days a week.

St. Timothy’s had been serving meals to those in need for years, and Father Bernie Lindley argued the city was prohibiting the church from exercising its religious belief of serving the hungry.

Judge Mark Clark resoundingly agreed in his decision Wednesday, even saying one of the city’s arguments about the necessity of a permit in order to serve meals “defies any stretch of the imagination.”

“It was everything I’d hoped for,” said Lindley. “I felt like all the things that I’ve been thinking about our feeding ministry, it was all verified for me. I’m not crazy. This was a problem that needed to be addressed legally.”

The city had argued that the church’s kitchen was classified as a restaurant, which is not allowed in residential areas. They also said the church was out of step with local laws and that requiring a permit would allow them to continue serving meals lawfully.

City officials and their attorneys did not respond to requests for comment Wednesday.

The federal Department of Justice weighed in on this case in November in the church’s favor, saying the city’s request to decide the case should be denied.

The case originated several years ago as Brookings was trying to address a growing homeless population. In 2021, city officials received a complaint from neighbors called the Petition to Remove Homeless from St. Timothy Church. In recent years, as the homeless population has grown, the number of people St. Timothy’s serves per day tripled, according to court documents.

“The City of Brookings is very fortunate to have Reverend Lindley and the entire congregation of St. Timothy’s as compassionate, caring, and committed members of the community,” Judge Clark wrote in his opinion. “The homeless are not ‘vagrants,’ but are citizens in need. This is a time for collaboration, not ill-conceived ordinances that restrict care and resources for vulnerable people in our communities.”

Reading Wednesday’s decision, Lindley said, “I cried. Today’s a Wednesday, so today’s one of the days that we’re doing our ministries, our office hours, and my staff and I… [There’s] a lot of smiles, a lot of hugs, a lot of tears of gratitude.”

Alli Gannett, director of communications for the Episcopal Church in Western Oregon, said in November that the city’s ordinance added restrictions to the church’s work.

“Our ultimate goal is to not have any restrictions on feeding those in need. As Jesus calls us to serve the hungry and to care for those who are sick, any sort of restrictions put on that ministry prohibits us from fulfilling our call as Christians,” she said.

The church is now seeking to have its legal fees paid, which still have to be negotiated.

St. Timothy’s is separately appealing the city’s order to stop some of its programs, including an outreach clinic, a day program and an advocacy program. The city says these are social services that cannot be done in the church because they violate municipal code.

News Source : https://www.opb.org/article/2024/03/28/brookings-southern-oregon-federal-judge-rules-city-permit-church-feeding-homeless/