Quoting Bible, Judge Evicts the Homeless at Church Shelter

An Orange County Superior Court judge referred to biblical verse Thursday as he ordered the eviction of 24 homeless people living in a makeshift shelter outside a Buena Park church.

The decision caused Southern Baptist Pastor Wiley S. Drake to break down in tears, even as he insisted he will not give up what he calls his “religious duty” to help the poor and the needy--a calling that has also landed him in court facing criminal charges for illegally housing the homeless.

“I’m obviously devastated that the judge would make it illegal for us to help the poor,” Drake said. “It’s going to be business as usual . . . as far as I’m concerned. We’re going to keep telling people about Jesus, feeding them, clothing them and helping them find jobs.”

In a written ruling, Judge Randell L. Wilkinson said he based his decision on a recent U.S. Supreme Court decision and state cases that have allowed cities to enforce zoning laws against churches, as long as the enforcement does not burden the exercise of religion.

It “would appear that this state’s highest court would show little sympathy for the church’s claim here,” Wilkinson wrote, later adding: “Render . . . unto Caesar the things which are Caesar’s.”

Wilkinson also suggested that if Drake and fellow church members want to help the homeless without violating the law, they could invite the poor “into their own homes.”

The city last month asked Wilkinson to force the homeless out of a large, makeshift shelter on church property because of safety concerns, marking the latest round in a continuing feud between city officials and the First Southern Baptist Church of Buena Park.

The decision puts the homeless in something of a bind.

The ruling evicting them from the covered shelter is likely to send the homeless back to outdoor camps on church ground. But the city has already charged that those outdoor camps violate the city’s anti-camping ordinance.

Drake goes on trial next week in Orange County Municipal Court on criminal misdemeanor charges for allowing the homeless to reside at the church.

The jury in that trial had their hands in the air as they prepared to be sworn in just before noon Thursday when a call came into the courtroom about the order in the civil case, said Jon Alexander, Drake’s attorney.

Alexander said he was both angry and sad about the decision and hoped to delay enforcement of the order.

“At the very least allow these poor people the weekend to try and figure out where to go,” he said. “When that notice is served, they will legally be ordered back to the pavement.”

Alexander added that the order illustrates the “moral bankruptcy” of Orange County’s judicial system.

City Atty. James L. Markman countered that the order ensures the physical safety of the homeless. He said he hopes to enforce the judge’s order today.

“It means that at least we enforce the safety features of the building code,” said Markman, who said the shelter poses an extreme fire hazard. “I am very happy that [the structure] did not light up in flames while this was happening.”

Markman said the city is “not wearing a black hat” in the case but simply believes it must enforce its building code equitably.

“There is no wiggle room for the city; they have to enforce the code,” he said. “Otherwise, every church could come in and say they do not have to follow [building code] regulations.”