The Oakland County showdown that pits the First Baptist Church of Ferndale (FBC) and its partner, the South Oakland Shelter (SOS), against angry residents who do not want services for the homeless in their neighborhood, may have reached a long-awaited conclusion.
After a harrowing, four hour meeting and public comment period on March 17, the Ferndale Board of Zoning Appeals (BZA) licked their wounds, called their lawyers and soul-searched for nearly three weeks before making a decision and on March 31, the BZA elected not to be caught on the “fool” side of an April 1st joke and voted 6 – 1 in favor of a resolution to allow FBC/SOS to continue with its plans to provide day services to homeless folks in Ferndale. The board is expected to finalize its decision this week.
The opposed residents have promised that the fight is not over. While I admire their tenacity, I respectfully wonder how they think they are going to succeed in striking the next blow. They have already performed breath taking acrobatics in their zoning arguments. Who knows? The zoning may or may not be on their side. But the more important point is that the Religious Land Use Act of 2000 (RLUIPA) supersedes local ordinances and protects FBC’s religious expression of fulfilling its charitable mission and assisting the work of SOS, whether or not the church does so by entering into a contract with a secular entity.
A common tactic in the war for hearts and minds is to characterize rulings that involve Federal Law as a David & Goliath battle. The fearless homeowners have pulled out their slingshots, ready to slay any giant who dares assert the charitable mission of a local church in their backyard.
We all love the little guy – as Detroiters we’re the nation’s little guy. But these particular Ferndale residents have the ideas – and the characters – all mixed-up. Righteousness is better characterized by values than the size of its teeth. Just because one side is supposedly represented by Washington and the other by Mayberry, doesn’t universally make the latter the good guy. The Constitution may have lofty origins, but it was designed to ensure justice. Furthermore, it is utilized to intervene on behalf of the even smaller of two little guys.
The truth of the matter is that FBC and SOS are also local interests. Their constituents in this case (homeless service users) are among the most powerless local interests that exist. The Constitution ensures that all these other little guys are protected, whether the attack comes from beyond or next door. As a little guy and a Ferndale homeowner, I’m happy to see this small city is continuing its tradition of diversity and inclusiveness and, that over 200 years later, parties on all sizes continue to value and protect religious expression, telling the story of “David & Goliath” and the “Good Samaritan.”
By Paul Jeden, ACLU of Michigan Development Associate
