DOJ backs Santa Ana, CA Christian group in lawsuit to feed homeless

admin May 11, 2023May 11, 2023

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Jesus mentioned: “For I used to be hungry and also you gave me one thing to eat.” However for a Christian group serving homeless individuals in Southern California, the lesson behind that axiom is on the heart of a authorized battle brewing between the federal authorities and a metropolis of 310,000 individuals.

Micah’s Means serves homeless and low-income individuals within the metropolis of Santa Ana, Calif., southeast of Los Angeles, by serving to them with getting IDs, mail, and – sometimes – a sizzling cup of espresso and a muffin.

However the metropolis is threatening fines, saying Micah’s Means is violating zoning guidelines by handing out foods and drinks in knowledgeable district.

“They determine, for those who don’t present meals, you then gained’t be an attraction to the poor and the homeless. And that is why as an alternative of cracking down on the poor and the homeless, they’re going after the homeless service suppliers themselves,” mentioned Ed Connor, an legal professional representing Micah’s Means.

Now, the federal authorities is weighing in. On Wednesday the Justice Division filed an announcement of curiosity backing Micah’s Means, arguing that the distributing of foods and drinks to homeless and poor individuals as a “spiritual train” might be a federally protected exercise.

The DOJ’s involvement comes as cities across the country are grappling with growing homeless populations, whereas placing bans in place on tent encampments. In Arizona, a woman was arrested for feeding homeless people with out a correct allow. Earlier this 12 months, Missouri banned sleeping in public locations like parks or below bridges. Final 12 months, Tennessee grew to become the primary state to make it a felony to stay in a tent or sleep on state land.

What’s taking place in Santa Ana

Across the begin of the COVID pandemic, Micah’s Means began distributing snack meals and drinks outdoor as an alternative of inside its useful resource heart. It is one among many companies Micah’s Means gives, together with serving to poor and homeless individuals get IDs and beginning certificates to allow them to apply for housing companies, distributing hygiene kits and serving to purchase books for individuals who wish to go to varsity. Vaskin Koshkerian, a frontrunner of the volunteer group, waits on the native jail every evening for people who find themselves launched to supply them companies.

“He believes fervently in serving to his fellow man,” Connor mentioned of Koshkerian. “He wears his crucifix round his neck.”

Koshkerian is a fixture within the Santa Ana group, identified for a way a lot he cares about individuals, and for his robust exterior.

He will get up on the break of day each morning so he can reply the telephones at Micah’s Means at any time when individuals need assistance. He walks across the streets doing outreach. He stands within the backyard outdoors the useful resource heart and greets the regulars as they move by. Folks honk hi there from their vehicles.

“After which, we give them a cup of espresso or one thing to eat. Is {that a} crime?” Koshkerian mentioned.

In the course of the pandemic, Micah’s Means was one of many solely service suppliers with its doorways nonetheless open, Koshkerian advised USA TODAY. Individuals who wanted assist got here from miles away. On the identical time the group moved its operations outdoors, the American Dependancy Institute opened up a needle trade program close by, Connor mentioned. There have been complaints from some within the neighborhood about a rise of homeless individuals, loitering and littering, which Connor mentioned could not be traced again to Micah’s Means’s companies.

Micah’s Means agreed to maneuver its companies again indoors. Nonetheless, the town advised Micah’s Means it was violating zoning guidelines by providing meals and was working with out a certificates of occupancy. The town denied its software for the certificates twice, so Micah’s Means introduced a federal lawsuit.

“After denying the occupancy certificates, the town knowledgeable Micah’s Means that it couldn’t feed people who find themselves homeless at its useful resource heart below any circumstances and that if it continued to take action, Micah’s Means could be topic to fines and potential prison prosecution,” the U.S. Legal professional’s Workplace for the Central District of California mentioned.

Justice Division: Feeding homeless individuals may be ‘spiritual train’

Micah’s Means sued below a federal legislation, the Spiritual Land Use and Institutionalized Individuals Act of 2000. RLUIPA protects people, spiritual teams and church buildings from “discrimination in zoning and landmarking legal guidelines,” in keeping with the DOJ. The legislation prohibits cities from creating zoning legal guidelines that “considerably burden the spiritual train of church buildings or different spiritual assemblies.”

Santa Ana’s actions towards Micah’s Means do exactly that, Connor mentioned.

“You’ll be able to’t weaponize your zoning code to drive out service suppliers who’re simply making an attempt to train their spiritual beliefs in a really affordable method by offering companies to these poor and homeless people who find themselves in want of these companies,” he mentioned.

Koshkerian described his drive to offer again to his group as a calling. Micah’s Means will get its title from a Bible verse within the E-book of Micah: “What does the lord require of you? To behave justly, to like mercy and to stroll humbly with God.” He tells the story of 1 man helped by Micah’s Means after being launched from jail the place he spent twenty years for killing somebody in a combat. He bought assist studying the best way to use a mobile phone, making use of for jobs, and now works making respectable cash and honks his horn at any time when he drives by the middle.

“If it wasn’t for Micah’s Means, he could be again in jail. I feel we modified his life,” Koshkerian mentioned. “We do what’s the proper factor to do as a result of anyone has to do it.”

The town mentioned it totally helps spiritual expression and serving to these experiencing homelessness, and pointed to its homeless shelter and outreach efforts in an announcement to USA TODAY.

“On this case, nevertheless, Micah’s Means has been utilizing its administrative workplace to distribute meals in an space the place this exercise isn’t permitted,” spokesperson Paul Eakins mentioned. “This has impacted the adjoining residential neighborhood, leading to a number of complaints from residents. Micah’s Means has not proven that the Metropolis has positioned a considerable burden on its spiritual train.”

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The Justice Division’s submitting this week urged a choose to not toss out Micah’s Means’s lawsuit, arguing towards Santa Ana’s assertion that the group failed to determine that feeding homeless individuals is a core service it gives as a part of its spiritual mission. A blanket ban on feeding homeless individuals may violate RLUIPA, the Justice Division mentioned.

“Discriminatory limitations and land use restrictions towards faith-based organizations is illegal,” Assistant Legal professional Normal Kristen Clarke mentioned in a statement. “Many faith-based organizations throughout the nation are on the entrance traces serving the wants of individuals experiencing homelessness. The Justice Division is dedicated to implementing federal civil rights legal guidelines to make sure that all spiritual teams can freely train their spiritual beliefs.”

Connor mentioned Micah’s Means’s authorized staff hadn’t solicited the Justice Division’s involvement within the case and he hopes its help will go a good distance in exhibiting the town that what it is doing is mistaken.

Metropolis is ‘cracking down’ on homelessness companies, group says

Micah’s Means is a part of the town’s skilled or “P” zone. Which means it joins different companies and institutions together with banks, journey companies, skilled workplaces and museums, in keeping with Santa Ana’s zoning rules. These companies generally give out refreshments, Connor argued. For instance, a legislation agency would possibly provide shoppers espresso and pastries whereas they wait.

“Why aren’t you going after everyone that violates the zoning code as a result of they’re handing out meals?” Connor mentioned.

HOMELESS IN THE USMore cities and states make homeless encampments a crime, leaving low-income people with few options

The Los Angeles Instances reported in 2020 that Santa Ana has lengthy been feuding with Orange County, arguing the town unfairly bears the brunt of the county’s homelessness downside. Connor mentioned the town’s actions signify an try and drive out homeless individuals by going after the companies they rely on.

The town is dependent upon Micah’s Means’s companies and even sends individuals to the group, in keeping with Koshkerian. He needs the town would assist as an alternative of block them from serving meals.

“We’re doing the federal government’s job with out them dipping of their funds,” Koshkerian mentioned. “We’re the answer for the homeless and the poor and the needy, not the issue.”

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