This letter is a follow-up to your request for a letter concerning the requirement that any church desiring to locate in Chicago, in a business or commercial area, obtain a "special use" zoning permit and your request to be informed concerning the actions some of our clients will be taking. The process of obtaining such a permit places the following burdens on churches: 1. 2. 3. 4. 5. They must buy or lease the property (and make necessary improvements) After having purchased a property or obtained a contract to purchase The hearing process often generates confrontations with angry neighbors, A church can incur $1,000 or more in costs for an appraiser, land planner The hearing process can take from two months to six months or longer, Rev. Jim Queen Page 2 6. 7. 8. 9. required. The church usually experiences stress from financial strain and uncertainty. Members often misunderstand the law and may lessen giving, feeling their leaders have tried to do something "illegal" if the permit is denied. If the permit is denied, the congregation often suffers great disappointment and must start over in its property search. The pastor's leadership ability may also be called into question. The pastor, of course, is under considerable pressure not to preach on sin in city government since the Alderman and the administration can negatively impact the expansion plans of the congregation. Finally, churches are severely discriminated against in this process. Following are non-religious assembly uses which are freely allowed (no permit required) in various commercial and business districts: As you can readily see, churches are a less intensive land use than many of the permitted uses. The only essential difference between churches and the permitted uses is the content of the meetings (prayer instead of cheering a sports team; preaching instead of eulogies; hymn singing instead of discussion of union matters). The Chicago Zoning Ordinance contemplates that churches should locate in the residential areas and does not require permits there. However, this "alternative" is unsatisfactory for several reasons: 1. The residential areas in Chicago are largely built up and already subdivided into small lots; 2. Groups meeting in a home usually do not have adequate parking to meet the zoning requirements once they grow beyond 25; 3. Even when land can be found, new construction of a church building and Rev. Jim Queen Page 3 4. parking lot is far more expensive than purchase and rehab. of a former community center or funeral parlor. The ordinance, passed in 1957, favors a "parish" system where people walk to a church in their neighborhood, and a hierarchial church (Catholic, Episcopal or Methodist) which can afford to build a large sanctuary with, perhaps, an adjacent school. While accommodation of a parish system is good, the ordinance does not contemplate or accommodate different religious patterns, such as the preference of individuals to attend a particular denomination which may have only three or four congregations in the city. Such congregations will want to meet closer to major streets or public transportation. Further, churches which want to evangelize often feel they can reach more people through locating visibility on commercial streets, rather than being tucked away in a residential area. Also congregations (and denominations) which are growing or hope to grow need the flexibility provided in business and commercial areas where land use patterns accommodate expanding, shrinking, and moving businesses. We all know the "church" is the people of God, but by forcing the church buildings into residential areas, the zoning ordinance forces the church into becoming the edifice (the people become the building rather than the building serving the people, Mark 2:27). Congregations often hold on to buildings because they have no flexibility to move/sell/downsize. I am sure you understand how such burdens sap the spiritual vitality from a congregation. Jim, God's people are hurting and we need to come together as Christians to help end this discriminatory treatment against us and people of other religions. Our AfroAmerican and immigrant brothers are often hurt the most, because they usually lack the "clout" to obtain the permit and the dollars to fight. In City of Cleburne, Texas v. Cleburne Living Center, 473 U.S. 432 (1985), the U.S. Supreme Court held that an ordinance which required a special use permit for a "home for the feeble minded" (group care home), while freely allowing multiple dwellings, apartments, hotels, and nursing homes in the same zoning district, was in violation of the Equal Protection Clause because no rational basis existed for zoning such homes differently than the other residential uses permitted. We believe that the discrimination against our religious assemblies in favor of secular assemblies for social, business, recreational and educational uses is equally invalid. Rev. Jim Queen Page 4 Several independent Afro-American churches have agreed to act as plaintiffs in a federal court challenge to the validity of the law. Other churches would be welcomed as plaintiffs. We need money, prayer and unified support. A political solution is unlikely because the Aldermen are highly resistant to voting to lessen their own powers (they have first taken our rights and then "buy" our votes by returning portions of such rights to us in their discretion). We plan to ask for damages and legal fees as well, but such recovery is a long way off and uncertain. When we win this case, the savings to the Kingdom of God in Chicago alone will be very substantial. In what way can the CMBA help? A pro bono contribution of $15,000 from the group would be, I believe, excellent stewardship of your assets. Almost any church seeking to locate or expand in Chicago faces this problem, but a favorable court decision will help in many suburbs also. In addition, we would ask the group to pray for us at each meeting during the pendency of the litigation and to pledge an equal amount to pay for an appeal if needed. If the city loses, they might appeal--if we lose at the district court level, an appeal should certainly be taken. We will place all funds in escrow and return them if the litigation does not proceed or will return a pro rata 1 A major variable is the number of plaintiffs involved. By having more plaintiffs we believe our case will be stronger. |