City and church clash over RV ministry

The Rev. Paul Elder has hosted traveling evangelists at the Christian Growth Center in Pueblo, Colo., for over 30 years. Since 2011, the church, located across from an auto parts store and motel along Interstate 25, has provided RV hookup sites for traveling ministers. But that practice came to a halt after the city in May 2021 filed a criminal complaint against the church for violating a zoning ordinance.

Criminal proceedings were put on hold after Elder and the church filed a lawsuit in state court in January. Elder argues the city violated federal law by restricting the RV ministry.

The case, moved to federal court in February, centers on the Religious Land Use and Institutionalized Person Act (RLUIPA). Enacted in 2000, RLUIPA blocks local governments from substantially burdening religious exercise unless they have a compelling interest and use the least restrictive option available.

The Christian Growth Center’s legal complaint cites two Bible passages: the Great Commission of Matthew 28:18-20 and Hebrews 13:2, “Do not neglect to show hospitality to strangers.”

It argues the city’s zoning code is burdensome and discriminatory. “The church has offered the ministry for 30 years without incident or notice of violation from the city,” it says, noting the city has not always enforced the rule in similar situations.

A 2021 Supreme Court ruling also provides the church with an argument. In Fulton v. City of Philadelphia, the court ruled that the city’s refusal to contract with Catholic Social Services unless it agreed to approve same-sex couples as foster parents violated the Free Exercise Clause of the First Amendment. Chief Justice John Roberts wrote that because the city could exempt individual agencies from nondiscrimination requirements, Philadelphia’s law was not “generally applicable” and was subject to strict scrutiny.

Just as Philadelphia officials could exempt foster care agencies from nondiscrimination rules, the church contends, Pueblo officials could exempt individuals from zoning rules.

Church attorney Andrew Nussbaum said in a recent drive with Elder around the church’s working-class neighborhood they noted approximately 30 noncompliant RVs: “It’s definitely an example of uneven enforcement.”

According to Nussbaum, the town has never articulated a compelling reason for restricting RVs at the church. And at a hearing before the city’s five-­member Zoning Board of Appeals in November, he said the city declined to introduce or cross-examine witnesses. But four of the five members voted against the church in a ruling issued Dec. 28, finding that nothing it heard indicated that banning the RV ministry would substantially affect religious exercise at the church.

Elder said city officials were wrong to find the rules didn’t burden their religious exercise in supporting evangelists, many of whom have limited funds or have trouble finding a spot. “We just let them pull in and park there free of charge,” he said. “It’s our ministry.”

San Diego–based evangelist Brian Makeever, who was a part-time traveling evangelist for 20 years, said finding host churches was crucial to his ministry. He said evangelists often depend on modest funds from churches.

“You’re trying to maximize everything on a limited budget,” Makeever said. “I’m trusting God, but I’m also maximizing my finances.”

Elder hopes for a prompt resolution of the lawsuit so the ministry can continue. “This is not an uncommon ministry,” he said. “This is still a very vibrant part of Christianity in America today.”