Citing freedom of religion, JoCo church sues city for not letting it shelter homeless
A church is suing the city of Lenexa for denying its request to shelter the homeless this winter — a right it claims to have under the First Amendment’s freedom of religion.
Dozens of individuals will “freeze every night” and “needlessly suffer” without a shelter in Johnson County, the suit says.
Shawnee Mission Unitarian Universalist Church, at 9400 Pflumm Road, partnered with the nonprofit Project 1020 earlier this fall, hoping to open a temporary shelter from December through March. But city staff decided a homeless shelter was not an approved use for a church and denied the request.
In the lawsuit, the church argues the city illegally used zoning laws to inhibit its exercise of religion. Serving the homeless is a mission and act of worship for many churches.
“All of Lenexa’s zoning code purposefully excludes homeless shelters. It’s not defined in the code. It’s not permitted under the code. It’s not allowed anywhere within the city,” said Daniel Dalton, an attorney representing the church. “And that’s intentional on the city’s part to keep a homeless shelter out of Lenexa. That’s why cities do that.”
A spokeswoman for the city declined to comment on pending litigation. But City Manager Beccy Yocham previously told The Star that sheltering 40 adults every night, seven days a week was not an acceptable use under the code.
Project 1020 has been trying to find a shelter for homeless adults this winter, because Johnson County has none. The nonprofit has previously operated out of churches, but this year, city codes and neighborhood opposition have left the group with no easy options.
And the need for a shelter is increasingly urgent as temperatures drop.
Church fights to shelter homeless
Shawnee Mission Unitarian Universalist Church had been in talks with the city of Lenexa about operating a homeless shelter. According to the lawsuit, city staff and the fire marshal initially approved the use, under the condition the church install fire alarms in certain hallways.
But the city eventually denied the request. In an earlier interview, Yocham said the city code is “really strict about using nonresidential buildings for sleeping or for residential purposes.”
The church, previously an elementary school, is in a residential zoning area, but surrounded by retail and offices.
“In this area of town, it’s just perfect for this particular use,” Dalton said. “And there’s a demonstrated need in Johnson County because there are no shelters available. So it’s just a perfect fit.”
Dalton argues Lenexa’s denial of the request is a “substantial burden to its sincerely held religious beliefs.” And as a result, the church is barred from using its property for its religious ministry.
The church is asking the city to allow it to operate a homeless shelter, plus pay damages of $75,000, as well as attorney fees.
Courts have sided with churches in some similar lawsuits. A federal judge this past year, for example, blocked the city of St. Paul, Minnesota, from enforcing restrictions on First Lutheran Church operating a homeless shelter. The judge ruled the city’s conditions violated the church’s First Amendment rights and religious land use law.
Homeless advocates and pastors have been struggling across Johnson County to shelter the homeless. While homeless families have a few options for shelter in Johnson County, only a handful of beds are available for single women. And no shelter exists for homeless single men.
Many have argued the city of Olathe also has made it difficult to operate a homeless shelter. Project 1020 Founder Barb McEver bought a building to start a permanent shelter, but neighborhood opposition and the city code caused the plans to fail.
Project 1020 operated a shelter out of an Olathe church last winter. But the city told the nonprofit that churches and organizations now must apply for a special use permit, a months-long process requiring neighborhood support and City Council approval.
“We would like to have a stand-alone shelter in Johnson County, but finding property and building on that property is expensive. That’s a project for the future, but until then we’ve been using churches,” said Lee Jost, pastor of Christ the Servant Evangelical Covenant Church in Olathe, in an earlier interview. “This is what churches have done for two millennia. When there’s a tragedy in the community, you call a church.”
On one night last January, a report showed, 189 people in Johnson County were living in emergency shelters, transitional housing, in tents, cars or on the streets. That’s up from 130 people in 2017.
This story was originally published November 26, 2019 at 2:36 PM.
