Ousted Church Persuades City to Reverse Ban

Members of a tiny immigrant congregation in Fountain Valley can return to their storefront church after city leaders said Wednesday that they will overturn a ban on churches in commercial zones, a move religious freedom advocates hope will spark similar actions by other Southland cities.

The city’s about-face, based in large part on questions surrounding the constitutionality of its zoning laws, comes on the heels of a lawsuit brought against the city last week on behalf of the pastor of the ousted church, Mariano Yeo.

Yeo said the settlement exceeded his greatest expectations: “I thank God.”

His congregation, made up of about 30 Chinese and Filipino immigrants who call themselves Shalom Alliance Fellowship, began meeting in April 1998 in a small office suite in a strip mall across the street from a Kmart.

Seven months ago, a city inspector noticed the Bibles, hymnals, a piano and rows of chairs--the trappings of an illegal church. The city ordered Yeo to cease his services or face prison or a hefty fine.

Yeo said he had no idea he was operating his church illegally. After obtaining a copy of the city’s zoning ordinance, he began to question the legality of the city’s actions.

He turned to the Mississippi-based American Family Assn., a Christian organization best known for spearheading a boycott two years ago against what it called the Walt Disney Co.’s gay-friendly employment policies and adult-themed movies. The group agreed to file a lawsuit, arguing that the city’s zoning ordinances violated churchgoers’ civil rights.

Fountain Valley, like several other Orange County cities, forbids churches in commercial zones because they generate no sales tax revenue.

But Yeo’s attorneys pointed out that the ordinance allowed lodges, fraternities and sororities, which don’t generate sales taxes.

They also argued that while the city allowed churches in residential areas, those areas are almost completely built out, resulting essentially in a ban on new churches.

Zoning laws vary throughout the area. Santa Ana and Westminster permit worship in commercial zones, while Garden Grove does not. Fullerton reversed a similar ban in 1995.

Now, as part of the agreement with Yeo, churches in Fountain Valley will be permitted to operate in commercial zones as long as they address parking issues.

Fountain Valley Mayor John Collins said the city reversed itself because of the legal issues and its recognition of the role churches play in the community.

“We understand that a community has to have balance to it,” he said. “With this ordinance, we will go forward with that balance.”

“We put into play a zoning ordinance that we felt was reasonable at the time,” Collins said. “These folks brought forth some concerns that we unfortunately didn’t consider.”

The City Council is scheduled to formally adopt the ordinance Friday.

Yeo said Wednesday that his congregation, which has moved two more times since being evicted, will continue to meet in Santa Ana until it is officially allowed back.

Although the legal ordeal has taken its toll on Yeo, he said he is grateful his suit will benefit more than just his congregation.

“We can help other churches that are having trouble finding the means to buy land and build church buildings,” he said. “This will mean a better understanding of the values and benefits of churches in the city and community.”

Earlier this year, state Sen. Joe Baca (D-Rialto) introduced a bill to prohibit land use laws that impede religious assembly unless there is a compelling government interest.

Five other states have similar religious freedom statutes.

American Family Assn. attorney Brian Fahling said Fountain Valley’s decision puts other cities in the Southland on notice: “If you’re making a land use law, you better be very confident that you are treating churches with an equal hand.”