DOJ defends Georgia homeless ministry against city’s efforts to close

The Department of Justice accused the southeast Georgia city of Brunswick of violating federal law by placing an unnecessary burden on a homeless ministry and forcing it to shut down, according to a federal complaint filed Monday. The city hampered the free religious exercise of The Well, a local ministry, with a mandatory closure order and a nuisance lawsuit without compelling cause, the DOJ alleged. The complaint also accused the city of violating the Religious Land Use and Institutionalized Persons Act of 2000, a federal law protecting religious groups from discrimination through zoning and landmarking laws.

What kind of ministry was The Well involved in? The Well ministered to homeless and low-income communities by offering showers and meals to those in need and giving a space for unhoused people to escape seasonal weather, according to the complaint. The ministry also offered essential clerical assistance by obtaining birth certificates and other government records, arranging living situations, and giving people rides to necessary appointments. FaithWorks, an organization affiliated with the United Methodist Church, ran the ministry, which served about 60 people daily.

Why did the city want to impose a closure order on the ministry? Brunswick’s Neighborhood Planning Assembly attributed a recent rise in violence and the area’s homeless population to The Well, according to the complaint. In March 2023, the assembly drafted a resolution ordering the shelter to shut down. In April 2023, the ministry received a notice from the mayor to shut down. The letter said city residents had been attacked by members of the homeless community who frequented The Well, according to court filings. Representatives of FaithWorks denied these claims. The charity temporarily closed in April 2023 and implemented new safety measures to address the city’s concerns by the time it reopened in July 2023.

Shortly after the temporary closure, the city of Brunswick passed Ordinance 1078, amending the city’s code regulating homelessness. The ordinance tightened restrictions on ministries that serve the city’s homeless population, requiring that they obtain a conditional use permit and an occupational tax license from the city commission. It also prohibited camping or after-hours loitering near homeless ministries or shelters.

About two weeks after the ministry reopened, the city classified The Well as a public nuisance and petitioned the Glynn County Superior Court for a permanent injunction to shut the ministry down. Federal law protects religious groups using land to help others, according to a statement from Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division. The DOJ will continue fighting local land laws that restrict the rights of religious groups, she added. The DOJ’s lawsuit says the city should be required to withdraw its request for a temporary restraining order to block The Well from operating and drop the requirement that the ministry seek a conditional use permit to stay open.