Thursday, May 28, 2009

...or prohibiting the free exercise thereof...

Amendment 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

But apparently San Diego county is a different story:

Couple Ordered to Stop Holding Bible Study at Home Without Permit

Thursday, May 28, 2009

Pastor David Jones and his wife Mary have been told that they cannot invite friends to their San Diego, Calif. home for a bible study — unless they are willing to pay tens of thousands of dollars to San Diego County.

"On Good Friday we had an employee from San Diego County come to our house, and inform us that the bible study that we were having was a religious assembly, and in violation of the code in the county." David Jones told FOX News.

"We told them this is not really a religious assembly — this is just a bible study with friends. We have a meal, we pray, that was all," Jones said.

A few days later, the couple received a written warning that cited "unlawful use of land," ordering them to either "stop religious assembly or apply for a major use permit," the couple's attorney Dean Broyles told San Diego news station 10News.

But the major use permit could cost the Jones' thousands of dollars just to have a few friends over.

For David and Mary Jones, it's about more than a question of money.

"The government may not prohibit the free exercise of religion," Broyles told FOX News. "I believe that our Founding Fathers would roll over in their grave if they saw that here in the year 2009, a pastor and his wife are being told that they cannot hold a simple bible study in their own home."

"The implications are great because it’s not only us that’s involved," Mary Jones said. "There are thousands and thousands of bible studies that are held all across the country. What we’re interested in is setting a precedent here — before it goes any further — and that we have it settled for the future."

The couple is planning to dispute the county's order this week.

If San Diego County refuses to allow the pastor and his wife to continue gathering without acquiring a permit, they will consider a lawsuit in federal court.

Yeah, it's Fox News, and so I'm suspicious, too. So here's a local station's report:

Pastor Fights County Over Permit For Home Bible Study

A local pastor said the County has cited him for hosting a weekly Bible study in his home. The County said visitors who drive to those meetings are affecting traffic in the neighborhood.

Pastor David Jones has been hosting weekly Bible studies at his Bonita home during the past five years. About 15 people attend the meetings, he told 10News.Jones said a visitor to a neighbor's house called the County after a Bible study member hit the visitor’s car while leaving. Shortly after, a county code enforcement officer gave him a citation that said he needed a permit to host the weekly Bible study meetings, he said.

Jones and his attorneys said he shouldn't have to get a permit for what he does inside his house. "We think it is clearly permissible. We think this is a violation of our constitutional rights," Jones told 10News.

A County spokeswoman says the County is concerned with parking and its impact on the neighborhood.The two sides met Wednesday but resolved nothing.Jones said they're scheduled to meet again on June 9.
Ah, so it's a parking issue. At least they didn't try and say it was about public safety or child welfare. I look forward to hearing the county's defense about why birthday parties, bridge clubs, garage sales and other such causes of clusters of parking are not a problem, but this specific instance is. Actually, I look forward to them scurrying away with their tails between their legs with the spotlight following them all the way as they slither back down their rat holes.

4 comments:

ccjjharmon said...

Wow. Makes me think of China... but they actually do crack down on exactly this.

Thanks for looking into what the local news actually says, if only everyone could do that... really provides a better grasp of the issue... you should see an area near me by the James River - parking everywhere near it is slam packed late spring to early fall... and boy have I seen huge birthday parties that take up parking for quite a distance!

Still, what's up with the visitor who hit the car? Did they just leave or something? If not, seriously what's the deal? That happens all the time - plenty of people suck at driving and hit others!

ccjjharmon said...

Ah apparently the county is backing away:

http://www.10news.com/news/19595677/detail.html

She said it's the officer’s job to determine what kind of event is hosted at Jones’ house to decide what part of county code the event falls under.

“The Bible studies are one that's probably in a very gray area,” Waller said.

That gray area may be causing the problem. Wallar said the county only cares about how any event impacts the surrounding neighborhood.

“We want to make sure whether they're on a public road or a private road that they're parking safely, that we can get fire trucks in, that we can get police vehicles in,” Waller said.

Jones' attorneys told 10News it sounds like the county is backing away from their original warning.

In April, Jones received a written warning for "unlawful use of land" and was ordered to stop hosting his "religious assemblies."

“They can stop religious activities in the courthouses and that but they're trying to stop prayer in my house,” Jones complained.

“We honestly don't care what people do inside their homes. That's their business. That's their private right,” Wallar said.

Ruth said...

I'm always a bit leery of Christians "standing up for our rights". What I'd like to hear is that the group apologized to the guy whose car was hit, helped pay for the repairs and had his family over for a barbeque.

Jim said...

Ruth,

I concur about the car part, and had wondered about that myself. It was/is hard to get a good, well-rounded view into this one, given that the county is scrambling for cover from the spotlight, so who knows what really happened?