Lawsuit Alleges Free Parking on Sundays Is Illegal

A Newport Beach man has filed a federal lawsuit alleging that the city unconstitutionally violates the separation of church and state by giving churchgoers special rights to some of the most valued real estate in town: beach parking.

“I believe that every citizen has a responsibility to be vigilant to make sure the provisions of the Constitution are not diluted,” said John Nelson, who describes himself as a developer/contractor and agnostic. The suit was filed Friday in U.S. District Court in Santa Ana.

At issue is what practically passes for a sacred space in some areas of Newport Beach: a parking spot on the peninsula. Normally, the metered spots require 25 cents per quarter-hour. But in the early 1970s, city officials passed an ordinance that allowed free Sunday morning parking, 8 a.m. to 1 p.m., at the metered spots in front of four churches: Our Lady of Mount Carmel Catholic Church and Christ Church by the Sea, St. James Episcopal Church of Newport Beach and the Christian Science Church and Reading Room, all of them on Balboa Peninsula.

Nelson lives on Lido Isle, near two of the churches.

Mayor Tod Ridgeway said that lifting the free parking would create problems for those living near the churches, because churchgoers would then take the unmetered spots in front of their homes.

“It would be a nightmare,” said Ridgeway, who lives near Our Lady of Mount Carmel. “It would be bedlam on my residential street.’

Msgr. Daniel J. Murray of Our Lady of Mount Carmel said the dispute doesn’t involve the church, but is between the city and Nelson. But he said Our Lady has been there since 1923, long before parking meters. The church has 43 parking spaces for services that attract about 300 people.

And he took a stab at why the city decided to allow free parking nearly three decades ago.

“My guess is the thinking at the time was, ‘Why should we have to pay to go to church?’ ” said Murray, who added that the First Amendment warns against the prohibition of free exercise of religion. “If people don’t have quarters, they can’t come to church.’

Harry Schwartzbart of the Americans United for Separation of Church and State said he considers the free Sunday parking to be a trivial issue, especially when measured against items such as President Bush’s faith-based initiative.

“I’m sure my organization would not spend one nickel debating this issue in court,” Schwartzbart said. “You’re splitting hairs.’

But Nelson, who said he’s spent $6,000 so far in legal fees, vowed to fight as long as he must to ensure Sunday churchgoers drop their quarters in the meters. It’s not that he’s against religion, he said. In fact, it’s just the opposite. He wants to make sure religion is protected from government.

“I know it’s not a popular cause, but we need to stick to the issues,” Nelson said. “I’m a lone ranger who believes in the Constitution of the U.S.”