The Montrose United Methodist Church is set to appear in municipal court today for a series of zoning violations issued in relation to an unhoused camp allowed on church property, and the church will do so without the ability to point toward religious freedom as a defense.
In a motions ruling issued earlier this month, Montrose Municipal Court Judge Thomas LeClaire blocked the church from citing the Religious Land Use and Institutionalized Persons Act as a defense against the multiple zoning infractions the church is on trial for.
“Defendant’s intended use of RLUIPA in this case is both novel and unprecedented. The Court is unable to find a single case or line of authority in which a civil statute has been used to create an affirmative defense in a criminal case,” the ruling said. “In particular, the Court has found no case in which this statute was asserted in a criminal case. Moreover, the usage of this statute would be outside the jurisdiction of the Municipal Court and the limited adjudicative authority granted to this Court.”
According to the U.S. Department of Justice’s Civil Rights Division, RLUPIA can be used to bring a civil action against a government if a religious organization’s rights are violated. The Department of Justice could open investigations, bring lawsuits or file friend-of-the-court briefs in such cases. A brochure explaining the law, passed in the year 2000, notes the use of the RLUIPA claim by a California organization that was denied the ability to serve food and drinks to clients who were homeless.
The city of Montrose has been at odds with the church for nearly a year. At one point, the church was racking up dozens of citations a week, largely targeted at creating a nuisance by allowing the camp. The city went to court to seek an emergency order to clear the camp. That request was denied by then-Judge Erin Maxwell. Maxwell was fired from her role as judge shortly after, though city officials say the move had nothing to do with the ruling on the church case.
Amid that, the city also went to the district court to have the issue resolved. Seventh Judicial District Court Judge Keri Yoder declined to hear the case.
- District Court passes on legal spat over unhoused camp at church, citing Montrose municipal court jurisdiction
- Montrose judge denies city emergency request to potentially clear church camp for unhoused
- Montrose pastor who allowed unhoused residents to camp on church grounds appears in court
- Neighborly or nuisance? Western Colorado church’s unhoused solution lands them a court date
