Under God

The Code Enforcer from Hell

A house of prayer isn't necessarily a place of worship, at least not in San Diego County, Calif. Recently, a vigilant code inspector issued a warning citation to David and Mary Jones, who have been holding weekly Bible studies in their home for five years. According to the Joneses, the code enforcer asked them if they ever said "Amen" or "Praise the Lord" during their Bible studies.

Of course, the Joneses replied. The inspector wrote them up. "Cease/stop religious assembly on parcel or obtain major use permit," he wrote on the citation. The Joneses decided to take it up with a higher authority. They contacted an attorney. Dean R. Broyles with the Western Center for Law & Policy assured them that the county's citation violates the Joneses'"First Amendment Right to freely exercise their religion."

Government has a right and responsibility to make sure a big box church doesn't move into the middle of a neighborhood where other residents might not appreciate the additional traffic, noise, or legions of homeless men and women who could be drawn (though not necessarily welcomed) to a place of Christian charity. But can or should the state restrict Bible study and prayer to officially-recognized, government-permitted areas and structures?

Civil libertarians don't think so. "San Diego County has brought KGB tactics to Southern California," said Eric Rassbach, National Litigation Director at the Becket Fund. "Unfortunately this case is not all that unusual--local zoning apparatchiks across the country try to shut down home-based Christian bible studies and Jewish prayer meetings all the time. People of faith should know that federal civil rights law protects against this kind of government intrusion into matters of conscience, and the Becket Fund is ready to help."

To avoid turning his jurisdiction into a full-scale culture war battleground, San Diego County chief administrative officer Walt Ekard issue a quick and simple apology "I deeply regret that a routine code enforcement issue has transformed into a debate over religious freedom in San Diego County," Ekard wrote in a statement.

"No one respects the right to free religious expression more than I do and no one would find the infringement of such rights more abhorrent. The Bible studies will continue in Pastor David Jones' home as we work to find a solution that works for everyone involved in this matter. Should I find that County staff at any level acted in a heavy-handed way; did anything inappropriate under the circumstances; or that a change or revision to our processes and procedures is warranted, I will take appropriate action immediately."

Amen and Praise the Lord. The Bible says that Jesus ate with tax collectors, but it doesn't mention code inspectors.

By

David Waters

 |  June 1, 2009; 4:02 PM ET  |  Category:  Today's Topic
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Seeig as how code inspectors don't go listening at random windows for sounds of prayer and preaching, they had to have been called in by one or more of the neighbors.
My guess would be that the size of the group meeting in the Jones' home was large enough that their parking arrangements were creating a traffic impediment for the other residents.
If you're blocking the street every week, your freedom of religion is interfering with your neighbor's freedom to get to his own front door.
As long as you aren't blocking traffic or creating excessive noise, most of your neighbors aren't going to care how many people visit your house, or whether they're there for a prayer meeting or an orgy.

Posted by: lepidopteryx | June 1, 2009 5:34 PM
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Besides the "Freedom of Religion" amendment isn't there one about "Freedom of Speech"?

Seems as if sometimes we can't throw away our "Freedoms", written into the founding documents of this country, fast enough.

Not only does it seem as if the "Founding Fathers", so to speak, were divinely inspired to include "Freedom of Religion" in the founding documents but also to set up this country as a republic as opposed to a democracy which can easily be nothing more than "mob rule".

Power, big or small, can become so intoxicating, don't you think?

Does it ever seem that some do not want the freedom to live their own life but want to tell others how to live theirs whether directly or indirectly?

There is a difference between child-like and childish, we have a choice.

Take care, be ready.

Sincerely, Thomas Paul Moses Baum.

Posted by: ThomasBaum | June 1, 2009 7:17 PM
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Eh, diddly, try getting your door kicked in over 'fortune-telling' regs.

If it's Christians, they call it 'oppression' if the neighbors don't like massive pay-to-pray operations going on.... If you're *not* Christian and have some friends over for Beltane, they're wondering how to rewrite zoning to specifically exclude you.


All very silly. But to be honest, all of this is driven by what's 'Christian' or not, ...if they're making noise all hours of the day and night, twice a week, it's 'oppressive government...' assemble for a quiet holiday, it's a national uproar.

Boo hoo.


Posted by: Paganplace | June 1, 2009 9:14 PM
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"Does it ever seem that some do not want the freedom to live their own life but want to tell others how to live theirs whether directly or indirectly?"

Often, Thomas.

Quite often.

Seems a regular occurence in my life where some 'missionaries will make noise next door, don't want to hear from me as a human being, call it a 'civil rights violation' if they can't make a ruckus of the wshole neighborhood.. Act all 'oppressed' and never trouble to really meet the neighbors.


Kinda stupid, really. They may not think much of me and I may not think much of them, but it don't mean I gotta kneel to something to help them fix the roof.

Yaknow? Some of dem Samaritans are OK people, whoever they are to you.

Still, it's clear that zoning laws are *constantly* used by certain busybodies to try and abridge rights of free assembly and association ...if someone doesn't stick a cross on it.


Pardon lack of sympathy, but, yeah, we wanna get into zoning, that's one thing. I've seen kids hauled away from family celebrations cause some Fundies nearby called in complaints after being put up with themseves for years.

People screaming Gospel music or just plain banging simulated churchbells all hours of the morning cause ...if they can't be bothered to ring the bells, blast it on a loudspeaker.....


We gotta work with each other, here, if we *really* wanna be neighbors.

You wanna call it 'someone oppressing Christians' look what your local zoning board does when *others* gather.

Posted by: Paganplace | June 1, 2009 9:26 PM
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Worth repeating and in full agreement with
lepidopteryx--

"Seeing as how code inspectors don't go listening at random windows for sounds of prayer and preaching, they had to have been called in by one or more of the neighbors.

My guess would be that the size of the group meeting in the Jones' home was large enough that their parking arrangements were creating a traffic impediment for the other residents.

If you're blocking the street every week, your freedom of religion is interfering with your neighbor's freedom to get to his own front door.

As long as you aren't blocking traffic or creating excessive noise, most of your neighbors aren't going to care how many people visit your house, or whether they're there for a prayer meeting or an orgy.
Posted by: lepidopteryx | June 1, 2009 5:34 PM "
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Posted by: ccnl1 | June 1, 2009 11:20 PM
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"My guess would be that the size of the group meeting in the Jones' home was large enough that their parking arrangements were creating a traffic impediment for the other residents."

My guess would be, if there's something about Pagan parking that Christians can't park anywhere near... Well, you have no idea what your neighbors go through every week and.or weekend.

Maybe some learning how to drive those gas guzzlers you worship would be in order?


Call me Bostonian, but I'm still not seeing what's so hard about parking.

Posted by: Paganplace | June 1, 2009 11:42 PM
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Thomas Baum!

Haven't seen your posts for a while in my accustomed neck of the WAPO woods.

Just wanted to say hello, and that this devil continues to esteem highly your gracious trinitarianity.

Take care, O Ever Ready, and Peace.

Posted by: onofrio | June 1, 2009 11:42 PM
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See, CCNL. I've lived under the Bible Belt a lot more than I'd care to, and I'm sure the feeling's mutual, but if I can observe something: You want the big cars cause you can't drive, you want the big guns cause you can't shoot, and you want the Big Straight God cause you can't 'score.'

All of these problems involve not being able to buy something.


You figure it out.

Posted by: Paganplace | June 1, 2009 11:47 PM
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onofrio

You wrote, "Just wanted to say hello, and that this devil continues to esteem highly your gracious trinitarianity."

And it is also good to hear from you.

I don't think I have ever heard it called "Trinitarianity" but that is a good way of looking at it, in my opinion.

Since it is about God and His Plan and also considering that God becoming One of Us is just part of The Plan.

God is much more "gracious" than I can put into words but I attempt to. As a matter of fact, God is more "gracious" than both some of the believers and non-believers seem to think that God Is and even sadder that some seem to want God to be.

Take care, be ready.

Sincerely, Thomas Paul Moses Baum.

Posted by: ThomasBaum | June 2, 2009 1:09 PM
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Thomas, Thomas, Thomas,

There is no Plan!!!

Once again, one of the great observations/conclusions of the 2oth Century:

As per Father Edward Schillebeeckx, contemporary Catholic theologian and author, prophets and prophecies are not possible for even God does not know the Future i.e. Future is a subset of the gift of Free Will.

In his book, Church: The Human Story of God, Schillebeeckx notes,

"Therefore the historical future is not known even to God; otherwise we and our history would be merely a puppet show in which God holds the strings.

For God, too, history is an adventure, an open history for and of men and women."

St. Paul's prophecy about the imminent Second Coming fortunately for us did not materialize but it did convert a lot of Gentiles and indeed opened their purse strings and still does.

Posted by: ccnl1 | June 2, 2009 2:42 PM
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I often have meetings at home as part of my own spiritual practice but since it is not a Christian practice, we never say "Amen" or "Praise the Lord". Does that mean I would be in the clear in San Diego County?

Sheesh!

Posted by: edbyronadams | June 2, 2009 3:58 PM
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David Waters wrote:

"Government has a right and responsibility to make sure a big box church doesn't move into the middle of a neighborhood where other residents might not appreciate the additional traffic, noise, or legions of homeless men and women who could be drawn (though not necessarily welcomed) to a place of Christian charity."

Unfortunately Congress has basically prohibited governmental concern with such matters.

See the Religious Freedom Restoration Act of 1993 and subsequent legislation and litigation. Wikipedia sets it out at:

http://en.wikipedia.org/wiki/Religious_Freedom_Restoration_Act

Posted by: norriehoyt | June 2, 2009 5:49 PM
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Hold on a minute. Granted, the code inspector may have asked the wrong questions. It was a bone-headed approach. But if a small bible study grew and grew until 50 families were gathering every Sunday morning - it would have an impact on the neighborhood. I'm a church-goer, and I've been to Church-Planting conferences. I recognise that homes are where new churches must start. But there comes a point when the new Church needs to recognize that "loving your neighbor as yourself" doesn't include packing the streets with cars 2 or 3 times a week. Bottom line - we need more information.

Posted by: mwcob | June 4, 2009 2:26 PM
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CCNL

Did you ever think that God might be, just might be, somewhat beyond your comprehension?

I could not be comfortable with such a puny God that I could so conveniently pigeonhole.

Does it ever seem that some seem to think that by making God smaller, so to speak, that it makes them bigger, so to speak, when just the opposite is true.

I have no idea what you may or may not believe, do you?

God is just a generic word but God is anything but generic, One of a Kind, a Trinity of LOVE.

Take care, be ready.

Sincerely, Thomas Paul Moses Baum.

Posted by: ThomasBaum | June 5, 2009 11:50 PM
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Somewhere in the 'what-if' speculations it has been decided that Christian meeting in a local residence double parked all the way around the block and left tire ruts on all the neighbors' lawn.

The deacons in my hometown church used to disperse from their Wednesday business meeting and visit members who were homebound for age, illness or injury.

I don't think they gave a 'what-if' about what the 'what-iffers' thought.

The famous "..seperation of church and state..." misquoted against Thomas Jefferson was made in a letter to the Danbury Baptist Church in 1802. The state of Conneticutt had placed a tax on other church denominations in order to support Conneticutt's official Congregationalist Church.

President Jefferson reminded the Danbury congregation that as President of all the United States he could not get involved with church and state silliness. But, the 1st Amendment also protects each citizen from having their religious persuasion infringed upon. Jefferson's simple advise was for them to ignore Conneticutt's religious tax and let the fools take them to court.

Conneticut shut it's face.

Posted by: RogerWDavis | June 9, 2009 11:44 PM
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