The city issued fines and threatens criminal charges for parking transport trucks in the church’s parking lot.
San Luis, AZ—First
Liberty Institute and the law firm Snell and Wilmer L.L.P. filed complaint and
a motion for preliminary injunction in the
United States District Court for the District of Arizona urging the court to stop the
City of San Luis from blocking Gethsemani Baptist Church from distributing food
to the poor. Gethsemani’s food distribution is a 25-year ministry to
impoverished families in the southernmost part of Yuma County.
You can
read the motion here.
“It’s
unconscionable that the City of San Luis won’t allow Gethsemani Baptist Church
to continue its 25-year mission of providing food for the hungry, hurting
people in the surrounding communities,” said Jeremy Dys, senior counsel at
First Liberty Institute. “People who take action to care for the hungry should
be encouraged and affirmed, not threatened and fined.”
Since
1999, Gethsemani Baptist Church has operated its food ministry mere blocks from
the Mexico border, sharing the Gospel as it distributes hundreds of thousands
of pounds of food and other household items to the most vulnerable families in
the surrounding areas. It is the only food ministry in the city serving
desperate families. Gethsemani uses semi-trucks to transport food where it is
off-loaded on the church’s parking lot.
When a
new mayor took office, the city went from celebrating and supporting
Gethsemani’s ministry to escalating tactics to shut it down. The city has sent
letter after letter, moving the goalposts and not even allowing the church to
benefit from laws already on the books. But even while the city has
relentlessly worked to stop the church from parking its truck or storing and
distributing food, the city turns a blind eye as commercial trucks and
businesses regularly violate the same city codes in the same zoning district.
Even after switching to smaller trucks in an attempt to comply with the city’s
demands, the city continues to enforce its “cease and desist” order, preventing
the church from ministering.
The City
even resorted to citing the church’s pastor when he handed out small quantities
of emergency food supplies to ten people. Less than a week later, after a
third-party truck accidentally parked in front of the church for just five
minutes, the City cited the pastor again instead of the driver. The church and
its pastor cannot afford the city’s heavy fines and fear that more citations
could result in the pastor going to jail. The city’s actions have forced the
church to pause its ministry as it seeks relief from the court.
The complaint
states that the city is, “engaged in efforts of increasing severity to clamp
down on the Church, but throughout the same time period, Defendants have not
enforced the same ordinances against similarly situated secular organizations
that also use semi-trucks and store food in the same residential zone.
Defendants are wielding City ordinances as a cudgel in a persistent lawfare
campaign to stop the Church’s ministry activities. Their treatment of the
Church violates both federal and Arizona law.”
About First Liberty Institute
First
Liberty Institute is a non-profit public interest law firm and the largest
legal organization in the nation dedicated exclusively to defending religious
freedom for all Americans.
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