With fines mounting by the day, St. Paul's By-the-Sea Episcopal Church has now officially filed suit against Ocean City's mayor and Town Council in the escalating standoff over the church's homeless shelter.
Here's some background on how we got here, and why the church has followed through on its vow to sue the town.
The zoning dispute between St. Paul's By-the-Sea Episcopal Church and the town of Ocean City intensified with the town issuing a citation and a $1,000 fine to the church June 8. Daily fines have followed, meaning the town issued $1,000 citations everyday since June 8 to both the church's reverend, Jill Williams and the church's senior warden, Dan Harris. According to the lawsuit that had totaled $18,000 in fines as of Tuesday, June 16.
Ocean City had ordered St. Paul's By-the-Sea to stop allowing people to sleep overnight in the church's Dewees Hall by June 8. The church opened the indoor shelter after a long-running dispute with Ocean City officials about people sleeping in tents outside on church property.
Why St. Paul's By-the-Sea has now sued Ocean City
In the lawsuit, St. Paul's By-the-Sea, Williams and Harris are all listed as plaintiffs, and the Mayor and Town Council of Ocean City are the defendants.
According to the lawsuit, the church is suing Ocean City on the grounds of violations of the Free Exercise Clause of the First Amendment to the United States Constitution and for violations of the Religious Land Use and Institutionalized Persons Act. Plaintiffs seek "declaratory relief, injunctive relief, and an award of attorneys' fees and costs."
In the lawsuit, the church voiced strong objection to the actions taken by the town so far:
"In defiance of its agreement with the Church, the Town wrote May 8 directing the Church to expel its homeless wards by June 8, on the spurious theory the Church's arrangements violated the R-3 zoning restrictions applicable to the Church's neighborhood. The Town warned that noncompliance would result in the immediate imposition of fines, which would be capitated daily.
"On June 8, the Town issued $1,000 civil citation fines to the Church's Senior Warden, Dan Harris, and its Rector, Jill Williams. The Town did so again June 9, and has done so on each succeeding day.
"The Rector, Senior Warden and congregation of St. Paul's are compelled by long-standing social gospel tenets of the Episcopal Church to take care of persons who are marginalized, poor, or oppressed."
What is the church seeking in its lawsuit?
The church is seeking, per the lawsuit, the following avenues of relief:
"Enter a declaratory judgment determining that Defendants have violated the First Amendment to the United States Constitution and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq., by seeking to prohibit the Church's use of its facility to house homeless persons, and further determining that any citations issued or fines sought to be imposed pursuant to that prohibition are null, void, and of no effect.
"Issue permanent injunctive relief commanding Defendants to refrain from further action obstructing the Church in its use of its facilities to house homeless persons.
"Assess and award attorneys' fees and costs in favor of Plaintiff St. Paul's By-The-Sea Episcopal Church and against the Town arising from Defendants' violations of the Constitution and laws of the United States of America.
"Grant such other and further relief as the nature of Plaintiffs' cause may warrant."
The church is being represented by attorney Robin Cockey of Salisbury.
What has Ocean City said so far about this situation?
Ocean City sent this statement on behalf of Town Manager Terry McGean on June 9:
"A citation for a zoning violation related to the change of use of their assembly hall from a meeting room to barracks style housing was issued to St Paul’s on Monday, June 8.
"The Town has a responsibility to ensure that all facilities comply with established zoning, building, occupancy, and safety codes.
"In this case, the church converted an assembly hall into an overnight shelter operation without applying for the approvals required for a change in use. Those requirements exist to ensure that facilities intended for overnight occupancy meet appropriate zoning, life safety, sanitation, occupancy, and building standards. In this particular matter we have vulnerable individuals being housed in a facility not originally designed or approved for that purpose.
"As of Monday morning, after over 30 days’ notice to comply, the church had still not applied for any permits related to the change of use and therefore we are forced to act."
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