EVANSTON, Ill. -- For the past six years, members of the Evanston Vineyard church have been free to meet, sing and pray in the building they own in this suburb just north of Chicago.

Just not on Sunday mornings. And they could not call it church.

That's because the building lies in an office zone, where, according to Evanston city code, membership associations (both secular and religious) and cultural institutions (like theaters and concert halls) are allowed, but worship services are not.

But a federal judge ruled March 31 that Evanston's zoning code violates the Vineyard's constitutional rights to free assembly, free speech and equal protection. In ruling against the city, District Judge Rebecca Pallmeyer noted that Vineyard's congregants could legally stage a production of "Fiddler on the Roof," which includes a traditional Jewish wedding, but "could not host an actual religious wedding." She also noted that membership organizations, like "houses of worship," hold "ceremonies, social functions and fund-raisers, and other common activities."

"Evanston's claim that it has zoned purely for land use and not on the basis of religion is not supported by the facts," Pallmeyer ruled.

Following the ruling, William Hanawalt, executive pastor of the 700-member Vineyard church, expressed cautious optimism that the church's conflict with the city was over. The church held a Good Friday service in its building, but will not hold regular worship services until reaching a settlement on damages with the city.

The Vineyard hopes to recover its legal costs and some of the estimated $500,000 in rental fees it has paid for space to hold worship services over the last five years. Pallmeyer ordered the two parties to meet with a magistrate for settlement talks, then report back to her on May 29, said Vineyard attorney Mark Sargis.

"We feel a sense of gratitude and a sense of vindication," Hanawalt said, "but won't have a sense of relief until the last `i' is dotted by the city."

This is the second time the Vineyard has come close to resolving its dispute with the city. In 1999, the church dropped its lawsuit after reaching a tentative agreement with the city to pay $35,000 a year "in lieu of taxes" on the property. (Since it's owned by a church, the Vineyard's building is exempt from property taxes.) That deal fell apart after other local churches objected to the "pay to pray" nature of the agreement.

Roger Crum, Evanston city manager, said no decision on whether to appeal has been made. He said the judge's ruling pointed out a "technical inconsistency" in the city's code, causing religious groups to be treated differently than nonreligious groups. He also said the city is considering changing the ordinance. "Whenever a judge points out a discrepancy in our code," he said, "it's incumbent on us to amend it."