County does 180, allows church to have school

Sarasota County, Florida, officials have abruptly reversed a decision to prevent a church from hosting a religious school that serves students from underprivileged homes who have learning disabilities.

The Alliance Defending Freedom announced the sudden change that followed a lawsuit it filed on behalf of Englewood Church of the Nazarene, known as Crosspoint Church.

The county had forced the church to go through a $10,000 special exemption process, which was not required of secular institutions. Then it denied the church permission for its zoning request anyway.

"Crosspoint Church serves the community by providing a quality Christian education to children with learning disabilities and that come from underprivileged homes," said ADF Legal Counsel Kyle McCutcheon. "We commend Sarasota County for changing course, approving Crosspoint's zoning request, and reimbursing the church's hefty application fee.

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"The county already allows the church to host a secular charter school on its property and has now correctly determined that Crosspoint has an equal right to host a private Christian school that's motivated by its convictions," McCutcheon said.

In 2013, the church started a Christian school to serve people with special needs.

"More than three years after the school opened, Sarasota County demanded that the church obtain a 'special exception' in order to continue operating the school in the church's own building," ADF said.

After charging the $10,000 fee, the Sarasota County Board of Commissioners rejected the church's application and began fining it $250 every day.

ADF then filed suit in U.S. District Court for the Middle District of Florida. The case was dismissed when the county reversed its decision.

"The government can't discriminate against churches or schools simply because they are religious," said ADF Legal Counsel Christiana Holcomb. "Sarasota County's response to our lawsuit benefits the school's students and their parents, who deserve continued access to the high-quality education they have already chosen. The county did the right thing in correcting its discriminatory practices and offering Crosspoint Church an equal playing field."

Federal law, signed by then-President Bill Clinton, forbids local governments from treating religious groups differently than secular groups in zoning and other matters.

WND reported "the county itself permits secular assemblies as of right in the church's zoning district, including youth-oriented community services, nonprofit community recreational facilities, theaters, libraries, museums, neighborhood arts centers, philanthropic institutions, senior centers, union halls and health club spas."

That means the county was treating the church "on less than equal terms with nonreligious schools and other secular assemblies and institutions," the complaint states.

"It also has substantially burdened their free exercise of religion, infringed their right to peaceable assembly, and violated their right to equal protection of the law," it says.

That has cost the church and school monetary damages.

The complaint points out the church's 45 members bore the burden of the application process, because "one way the church loves and serves its community – and shares the Gospel with its community – is through operating a Christian school for students who have learning disabilities and come from underprivileged homes."

The county's planning commission unanimously had recommended approval of the church's plan.

The commissioners, however, said it would be "detrimental to the character of the neighborhood."