Never in all my days as a devout observer of the holiday did I think I would spend St. Patrick’s Day inside a sweaty municipal hall listening to the finer points of Ferndale’s zoning laws.
As a Ferndale homeowner, there I was, poised to tell the Zoning Board of Appeals that city efforts to prevent First Baptist Church of Ferndale (FBC) and South Oakland Shelter (SOS) from serving the homeless would be wrong.
The meeting was the best and worst of democracy: 150 citizens with strong opinions crammed into a room designed to seat sixty people.
When the Chair opened the meeting to public comment, citizens aged 9 to 90 surged toward the podium as though the lights had just dimmed for the start of a Metallica concert. Comments ranged from rambling anecdotes about personal charity to theatrical zoning code analyses.
After the first hour, many of the arguments on both sides had been repeated. The opposition argued that the operation would violate local zoning ordinances.
The FBC supporters asserted that there is great need in the area right now and that homeless people are just like you and me. Many even made the RLUIPA argument.
Out of compassion for the panel, I began crossing-off my talking points that had already been made.
When I did arrive at the mic, I explained that diversity and tolerance, hallmarks of life in Ferndale, were what attracted me to purchasing a home in the community and whatever the church/shelter relationship is, prohibiting FBC to accommodate SOS would certainly burden their religious practice.
Indeed, as my buddy and colleague Dan Korobkin informed me, RLUIPA does protect free expression of religion whether or not the practice involves teaming with a third party, secular or otherwise.
While the process was ugly and should be added to the things people should never have to see being made, along with sausage and legislation, the forum functioned as a truly democratic exercise (or exorcise).
Ultimately the zoning board and the residents were forced to explore the issue to a point where law and order should fully prevail.
The situation highlights how important it is that we have the Constitution, wincing in the background, waiting to inform the argument at-hand, ensuring that fearful property owners or others do not use subtle tactics to serve their narrow interests while preventing the free exercise of religion.
Thank God, Buddha, Altruistic Humans and St. Patrick that we have guardians like the ACLU to ensure the Constitution finds its way into the argument.
By Paul Jeden, ACLU of Michigan Development Associate
