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Missionaries of Charity, Brothers v. City of Los Angeles
When the Missionaries of Charity (the Catholic religious order founded by Mother Teresa) moved into an old rundown house in a troubled neighborhood of East Los Angeles shortly after the riots of 1992, it was almost alone in its willingness to move in and begin the slow, painful process of recovery.
The two-story Mission Revival style home had been built in 1904 by Pomeroy Powers, a one-time President of the Los Angeles City Council, and had fallen into serious disrepair. The brothers of the Missionaries of Charity (a branch of the order for men, rather than the more familiar nuns) restored the property.
For the next nine years ministered primarily to homeless young adults aged 18 to 27. Three days a week (Monday, Wednesday and Friday) for five hours a day dozens of such young adults visit the home, receiving spiritual encouragement and material assistance, including meals, clothing, showers and medical attention. Most are Hispanics from Latin America.
The unique character of the property allows the Brothers to provide these services in a non-threatening, non-institutional environment. A priest is often available at "Nuestro Hogar" ("Our Home"), as it is known, to hear confessions and say mass. A Catholic ministry is central to the home's work.
Befitting the home's religious character, alcohol, drugs, lewd conduct and gang activity are strictly prohibited, and visitors are instructed not to remain in the immediate neighborhood after leaving the home.
The property was zoned R4-2 from at least as early as the late 1950s to 1989, when it was down-zoned to R3-1. In 1997, it was down-zoned from R3-1 to RD1.5. Churches and philanthropic institutions are permitted as of right in the R4 zone, and are conditionally permitted in the R3 and RD1.5 zones. The Missionaries of Charity did not become aware of the latter change until the fall of 2000, at which point it applied for a conditional use permit and a zoning variance to permit continued use of the property as a church and philanthropic institution.
A hearing was held on the application in May 2001, and in June the Assistant Zoning Administrator denied it. In late August, the Central Area Planning Commission held a hearing on the matter and denied the appeal. In September, the Missionaries of Charity filed a lawsuit (PDF format, 134K) against the City of Los Angeles in U.S. District Court for the Central District of California, charging violations of the U.S. and California Constitutions and RLUIPA. The trial brief (PDF format, 183K) provides additional detail, as does the reply to the City's opposition to a motion for a preliminary injunction (PDF format, 142K) and the declaration of Brother Joseph McLachlan (PDF format, 113K).
The Missionaries of Charity are represented by Attorney Patrick Perry, of the law firm of Allen Matkins Leck Gamble and Mallory. On February 5, 2002, The Becket Fund for Religious Liberty joined the case on behalf of the Missionaries of Charity.
Becket Fund attorney Derek Gaubatz assisted as co-counsel at the two-day trial February 13-14. At the end of the second day, Judge Stephen V. Wilson said that he would take under advisement the Missionaries' assertion of a substantial burden on their religious exercise and rule at a later date.
On September 9, 2002 Judge Wilson issued an order instructing both parties to submit proposed findings of fact and conclusions of law. The "Plaintiff's Proposed Findings of Fact and Conclusions of Law" was submitted by the Missionaries of Charity to the Court on October 7, 2002.
On July 11, 2003, Judge Wilson issued an order in which he said that "The court is inclined to rule as detailed herein. However, the Court reserves a final ruling, in support of which it will enter more detailed findings of fact and conclusions of law, pending . . . further briefing." The tentative ruling which follows finds that, with regard to constitutional claims, "the City's decision does not infringe Plaintiff's free exercise rights," and that therefore "the decision is subject to rational basis review." Because "the City's decision was predicated on public nuisance complaints, the decision satisfies this deferential standard of review."
With regard to RLUIPA claims, Judge Wilson found that "Plaintiff has proven its prima facie case. . . Accordingly, the applies the strict scrutiny standard of review prescribed by RLUIPA, and concludes that the City's decision fails that review." With regard to the City's denial of a CUP or variance, "this question is easily answered in the affirmative. The burden on Plaintiff's use of land in this case is not only substantial, but entire. By denying a CUP or variance, the City has effectively barred Plaintiff's religious use of the real property in question." Judge Wilson also ruled that the City failed "to prove that its decision is the least restrictive means of furthering a compelling governmental interest."
Judge Wilson then notes that several weeks earlier, he had issued a decision in Elsinore Christian Center v. City of Lake Elsinore finding that RLUIPA "exceeds Congress's authority under the Fourteenth Amendment," and is thus unconstitutional. However, since "the instant action also could present the question not reached in Elsinore, namely whether Section 2(a) of RLUIPA is a valid exercise of Congress's Commerce Clause authority," he ordered each party "to submit a Further Brief Re: Constitutionality of RLUIPA" but postponed a hearing on the issue.
(Missionaries of Charity, Brothers v. City of Los Angeles, U.S. District Court for the Central District of California, 01-CV-8115)
Articles & News Items
- "Becket Fund joins Missionaries of Charity lawsuit against Los Angeles," February 11, 2002