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Judge Defers Decision in Grand Haven Church Case
(LANSING, MICHIGAN) — Federal District Judge David W. McKeague today ordered expedited additional briefing and another hearing in Haven Shores Community Church v. City of Grand Haven, Michigan. The Becket Fund for Religious Liberty had filed the suit earlier this month, charging the city with discriminating against the church by refusing to allow it to occupy space in a local shopping center simply because of its religious nature.
The Becket Fund had asked the court to issue a preliminary injunction in the case. Judge McKeague deferred a decision on the motion until another hearing is held on April 20.
The church signed a lease on a storefront property at Grand Haven's South Village Plaza on May 31, 1999, but when Rev. David Bailey sought a building permit to modify the space, zoning officials told him that religious meetings and worship were not permitted there under city zoning laws. Bailey testified at today's hearing in federal court in Lansing.
Grand Haven's zoning ordinance for the "B-1 Community Business District" specifically allows "private clubs," "fraternal organizations," "lodge halls," "funeral homes," "theaters," and "assembly halls, concert halls, or similar places of public assembly," and does not explicitly include or exclude churches. Nevertheless, the city decided that the Haven Shores Community Church would not be allowed to occupy property in the B-1 district. During today's hearing, Judge McKeague asked attorneys for the city to focus their additional briefing on whether Grand Haven was making a rational distinction between churches and lodges and meeting halls.
Becket Fund President and General Counsel Kevin J. Hasson said, "While we would have preferred action on our motion for a preliminary injunction today, we respect the judge's desire to more fully develop the record in this case before he makes a decision. That shows he's taking the case very seriously. But the city clearly has no justification for treating churches differently from lodge halls and clubs, and that's the bottom line."