Judge Orders the Eviction of Homeless From Church Shelter

An Orange County Superior Court judge on Thursday ordered the eviction of 24 homeless people living in a makeshift shelter outside a Buena Park church.

The decision caused the Rev. Wiley S. Drake, pastor of First Southern Baptist Church of Buena Park, to break down in tears as he insisted that 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 of illegally housing the homeless.

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

In a written ruling, Judge Randall 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.

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

The city last month asked Wilkinson to turn the homeless out of a makeshift shelter because of safety concerns, marking the latest round in a feud between city officials and the church.

The decision puts the homeless in something of a Catch-22. They cannot stay in the shelter on church property, and the order says nothing about their returning to outdoor camps on church grounds.

But the city has charged that those camps violate the city’s anti-camping ordinance. Drake goes on trial next week in Central Orange County Municipal Court on criminal misdemeanor charges of allowing the homeless to stay there.