A federal court in Tallahassee has entered a preliminary injunction against Wakulla County, Florida, protecting the religious exercise of local church City Walk – Urban Mission. The order comes just two months after City Walk’s attorneys at Dalton & Tomich, PLC filed suit under the Religious Land Use & Institutionalized Persons Act—a federal law that protects the land use rights of religious institutions and assemblies. The suit seeks to secure City Walk’s right to continue its small transition home ministry.
City Walk, based in Tallahassee, began operating its religious transition home in Wakulla County in 2013 to help those in need find love, forgiveness, and a new life in Jesus. In addition to shelter, the ministry provides a recovery program on the organization’s heavily wooded 3.4-acre property. Over the years, City Walk’s ministry has faced opposition because it does not turn away registered sex offenders. Certain neighbors and county officials have tried to pressure City Walk to abandon its ministry. Recently, the County moved to shut the ministry down through zoning enforcement, aiming to limit City Walk to two people in the three-bedroom home. That’s when City Walk was forced to file suit.
On July 9, 2020, the Court found the county’s restriction substantially burdened City Walk’s religious exercise and entered a preliminary order barring all county officials from attempting to prevent City Walk from housing up to six unrelated adults in its transition home. Further, in ruling against the county, the Court found the county planning director’s sworn statement not to be credible because it was inconsistent with prior representations she had made to City Walk – and also inconsistent with the county’s own land use code.
Judge Mark Walker’s order (which you can read here: City Walk Urban Mission v Wakulla County Order Granting) begins with a quote from scripture: “Lord, when did we see you hungry or thirsty or a stranger or needing clothes or sick or in prison, and did not help you?” (Matthew 25:44.2) To which the Lord replied, “Truly I tell you, whatever you did not do for one of the least of these, you did not do for me.” Id. 25:45.
Renee Miller, Pastor of City Walk, expressed gratitude upon hearing the Court’s order. “It is unfortunate that we had to file a federal lawsuit to protect our right to serve those in need, yet we are thankful this order will allow us to continue our small but powerful ministry,” Miller said. “We hope the county will now stop spending its limited resources on fighting our spiritual outreach efforts.”
Dalton & Tomich represents religious assemblies and institutions across the country, defending their rights under the federal religious land use act. In December 2019, the firm successfully represented Shawnee Mission Unitarian Universalist Church in a lawsuit against the City of Lenexa, Kansas, which was prohibiting the Church’s use of its property to operate a temporary homeless shelter. As part of the resolution, which allowed the temporary shelter to operate, the City also updated its zoning code to reflect the Church’s right to do so.
https://www.natlawreview.com/article/florida-court-finds-rluipa-protects-transition-home-registered-sex-offenders
All take note that this is a federal case, the judge therefore appointed for life. The whole point of appointing judges is so that they can rule according to the law without fear of losing their seats.
Contrast with cases brought before local superior/criminal courts, typically against registrants. Those judges are elected, therefore every bit as much politicians as a mayor or councilman. Because of that, the politics of the moment (currently that all convicted or accused of sex crime must be screwed to the wall as hard as possible) will swing more discretionary rulings and opinions this week than fairness and search for truth will in the next ten years, even (sometimes especially) when longstanding law and precedent hold different.
It may make more sense to take all registry cases to federal courts. Surely arguments can be made that most (if not all) of them violate federal due process rights, at least enough to get one’s foot in the door.
That legal team is needed for the Wayside Cross mission (legally a church) in Aurora, IL where the mayor had 2 lame pieces of playground equipment erected in order to force a dozen men from their church home.
Roger, I am lead counsel for City Walk. My contact information can be found at https://www.daltontomich.com/our-team/noel-w-sterett/ Please let Wayside Cross mission know that I’d be happy to speak with them. My office is actually in Illinois.
Saint Noel!!!
May God truly bless you and keep you!!!
The judge knew his audience. Wakulla county is filled God-fearing country folk but if they won’t listen to Jesus, they’ll have to listen to a judge.
There must have been so much prayer over this situation. Surely God had his Hand in this. 🙏🙏
Really good information. I was very familiar with the Lenexa case as it was in the news locally. It only takes a few people with money and too much time to destroy the lives of many. Do they not realize that taking rights away may eventually turn around and adversely them personally too. Continue to fight for rights that the founders of the constitution fought and died to establish.
Ha ha ha ha ha suck it Tallahassee.
Point of clarification. Tallahassee is in Leon county. City Walk ministry operates a transition home in Tallahassee and has the support of Leon county. Wakulla county is south of Leon County.
Another small [maybe not small to City Walk and to those affected] but important to all persecuted by Residency Restrictions
I continue to see small miracles that may be the start of an ultimate paradigm shift in our culture of ex post facto punishments.
Many Florida politicians do not want to get involved with restoration and they want to keep religious organizations from getting involved. This is what happens in a nation that disregards God and His Word. It’s nothing new and has been going on for centuries. I’m afraid that this nation has some hard times coming the likes of which we cannot imagine. In God’s Word we are all the same; in man’s world we are all different. Satan can only survive under those conditions.
AMEN !!