Church Sues City For Denying Worship Space

Celebration Community Church in Muskegon, Mich., would like to host its weekly celebrations in an unused 1,250-seat building, but the city of Muskegon won’t grant the necessary permit. That municipal edict has prompted the church to sue in U.S. District Court.

Claiming violations of the First Amendment’s “free exercise” clause and the 14th Amendment’s “equal protection” clause, the 120 members of Celebration Community Church, which is a variation of a Christian Reformed church, contend Muskegon city officials are discriminating against them, according to the Muskegon Chronicle. The requested permit would allow church members to start gathering in a building owned by Tom Betten and Sons Lincoln-Mercury dealership.

The plaintiffs seek a temporary restraining order preventing the city from posing a roadblock to the use of a building for religious purposes.

The city of Muskegon’s planning commission has not issued the special-use permit to Celebration Community Church because of complaints from neighbors of the building, including a couple of bar owners who fear their business will suffer from having a church nearby. Similarly, as churches are tax-exempt, the city sees the potential for revenue if the building is used for commercial purposes.

In the lawsuit, attorney for Celebration Community Church, Dan Dalton, writes that not allowing churches to use property because of their tax-exempt status violates the Religious Land Use and Institutionalized Person Act. Muskegon City Attorney John Schrier and City Manager Bryon Mazade both declined to comment to the Chronicle because they had not read the lawsuit read.

Celebration Community Church has existed for eight years and has gathered at Western Michigan High School in Norton Shores, Mich. since 2005.