Minister, City End Conflict Over Homeless

A minister sidestepped criminal charges Tuesday for allowing homeless people to sleep on church grounds when he promised to begin plans for a shelter.

Wiley S. Drake, 52, who could have faced up to six months in jail if found to be in violation of an anti-camping ordinance and various city codes, was given two weeks to find an architect and start moving on blueprints for a shelter at the First Southern Baptist Church.

“Assuming Rev. Drake works with due diligence, we’re going to back off,” Assistant City Prosecutor Gregory P. Palmer said.

Drake said he was happy with the agreement but now must find an architect or structural engineer willing to donate services, because the church does not have the money to build a shelter.

“We would honestly rather put people in a building than in automobiles,” Drake said.

Both sides were clearly relieved to report an agreement to the long-running dispute as they faced a phalanx of reporters and cameras after the 90-minute meeting.

It began this summer when City Hall received complaints about the 30 or so homeless people congregating around the church at 6801 Western Ave.

Drake, the church’s pastor, argued that he is ministering to the homeless as part of a religious mission, which is protected by the First Amendment.

Those who come to him for help must seek work and refrain from drugs, drink, smoking and profanity while on the grounds, he said. They may use the bathrooms and showers in the church, and join in meals and prayer sessions. But Drake insists they sleep outside so they do not get “too comfortable” being homeless.

Palmer said that the issue is one of zoning. Drake would be allowed to minister to the homeless if he followed the local laws and built a city-approved structure for that purpose, he said.

Palmer agreed Tuesday not to file charges if the church moves “expeditiously” and meets the various approval deadlines.

Drake said he was concerned about finding a volunteer architect.

“After we have the building, we will continue to minister to the poor, but we will do it legally. But if we don’t get that architect, we’ll be out of business.” Drake said he has had offers of lumber and labor once the plans are ready.

He said the building would be simple and offer temporary shelter only.

“We’re not putting up a country club here. This is one step above what we’re doing now,” he said.

“We have no intention of becoming a permanent shelter.”