Court overturns 'malicious prosecution' of ministry

World Outreach Center Pastor Pam Blossom

A case brought by a church ministry in Chicago against city officials after they applied zoning and administrative rules to prevent the group from offering housing to victims of Hurricane Katrina has been revived by judges at the 7th Circuit Court of Appeals.

The opinion yesterday from the court panel did not determine the merits of the claims brought by the World Outreach Conference Center that city officials demanded – incorrectly – that the group get a special-use permit for its work.

But the opinion did describe the actions that were brought against the church group as the "malicious prosecution of a religious organization."

"It is unconstitutional to use city zoning restrictions to shut down existing religious community services just because the city wants to use a building for other purposes," said John Mauck, of the Chicago firm Mauck & Baker, LLC.

"We are pleased that the 7th Circuit has recognized that federal law protects ministries from being targeted by zoning regulations and has sharply rebuked the abuses of the city council member responsible and some city officials," he said.

The city of Chicago sued World Outreach Conference Center to shut its outreach ministry and community center, even though the building had operated as a community center since 1926, according to officials with the Alliance Defense Fund, which helped fund the work on behalf of the church.

The city also refused to let the organization house people displaced by Hurricane Katrina, even though the Federal Emergency Management Agency asked for that help.

Eventually the city allowed part of the ministry's property to be used, and dismissed a lawsuit against the religious group.

The WOCC then brought a claim against the city under the federal Religious Land Use and Institutionalized Persons Act, challenging Chicago's refusal to recognize the property for its ministry purposes.

"The numerous roadblocks set up by the city in this unnecessary legal process have now been set aside," said Mauck. "Finally, this indispensible ministry can continue to serve the community by caring for the homeless, as it has for so many years."

According to an analysis at the Chicago Law Bulletin, Appeals Court Judge Richard A. Posner concluded the lower court determined the center "failed to exhaust its administrative remedies."

Administrative remedies are just fine, the appeals court said, but applying such a plan to World Outreach would be "perverse."

The WOCC didn't need to seek additional "administrative remedies," since it already was entitled to offer single rooms in its facility, the ruling said.

The ruling by the 7th Circuit actually revives the case brought by the World Outreach Conference Center against the city. The case had been dismissed by Judge Wayne R. Andersen.

The dispute was over a building World Outreach bought in the Roseland area of Chicago to operate as a community center. The structure previously had been a community center operated by the YMCA.

FEMA in 2005 sought to rent 150 of the single-room units for victims of Katrina, but the city refused to issue a license for that purpose.

The city ruled it would not issue the license until WOCC obtained a special-use permit. But the lawsuit alleged that was unneeded since the plans for the building already were for a legal use.

Documentation in the case indicates the city refused to allow the church to use the building for single-room occupancy services because "9th Ward Alderman Anthony Beale wanted the old YMCA structure sold to his friend and financial backer."

According to a statement released by Tom Ciesielka, one of the attorneys involved on behalf of the church, "Beale caused the city council to rezone the property to 'Manufacturing' in an attempt to halt the church's mission and make room for his real estate developer friend."

"The city acted maliciously and oppressively in rezoning the property. It intentionally discriminated against World Outreach because a local alderman had an agenda that did not allow compassion for those on the bottom rung of the housing ladder," Mauck said.

Posner's opinion ruled, "As a result of the city's actions beginning with the initial denial of the SRO license, World Outreach was impeded in its religious mission of providing living facilities to homeless and other needy people."

Posner also concluded Beale and other officials acted with "deliberate, irrational discrimination" against the church "in favor of a developer on the basis of his financial relationship to a politician."

Pastor Pam Blossom said, "We are pleased with the court's decision and look forward to continuing our mission of helping those less fortunate. God is faithful."