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."
Crum noted that the city was not found to have violated the Vineyard's rights under the 2001 Religious Land Use and Incarcerated Persons Act (RLUIPA), a federal law that protects churches against discrimination in land use cases.
Still, he admitted the city lost the suit. "As our attorney says, if you win on nine counts and lose on one, it's still a loss," he said.
The Evanston case is one of several federal lawsuits involving Chicago-area churches challenging local zoning codes. There are an estimated 50 similar lawsuits nationwide, according to the Becket Fund for Religious Liberty.
A federal suit against the city of Chicago filed by a group of 50 churches and religious groups is currently on appeal. In late March, the Petra Presbyterian Church, a Korean-American congregation, filed suit against the suburb of Northbrook, Ill., for refusing to grant zoning approval for worship services in the office/warehouse building it owns. The Petra church, which currently rents space from another church, bought the building after an intensive search for other properties. Northbrook's zoning code is "even more stark" in its restriction of religious groups, said John Mauck, Petra's attorney.
