UPDATED: Lawsuit seeks to secure right under RLUIPA to continue ministry for registered sex offenders.
Noel Sterett, a religious liberty attorney and partner at the law firm Dalton & Tomich, filed a lawsuit today against Wakulla County, Florida on behalf of City Walk – Urban Mission. The lawsuit seeks to secure City Walk’s right to continue its transition home ministry, which some in the County oppose because it is open to registered sex offenders.
“Because City Walk sincerely believes that no man is beyond redemption, and that everyone can find forgiveness and a new life in Jesus, City Walk does not turn men away just because they have to register as sex offenders,” Sterett said. “The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) protects City Walk’s right to serve those God has called them to serve, free from government interference and discrimination.”
City Walk, based in Tallahassee, began operating its transition home in Wakulla County in 2013. The ministry provides shelter and a recovery program on the organization’s heavily wooded 3.4-acre property. Over the years, a few neighbors and county officials have harassed City Walk to abandon its ministry there. More recently, their efforts have shifted to shutting the ministry down through zoning enforcement.
Under the County’s zoning code, community residential home facilities are permitted at the property, but transition home ministries like City Walk’s are prohibited. The County recently served City Walk’s landlord with a notice of repeat violation for allowing City Walk’s ministry to continue at the property. Even City Walk wanted to relocate its transition home, there is no other zoning district in the county where it would be allowed because it serves three or more unrelated adults and does not qualify as a community residential home.
“The County is required by federal law to treat City Walk’s transition home on equal terms with a community residential home facility. If a community residential home facility can serve three or more unrelated adults at the property, City Walk can too. Nonreligious and religious institutions must be treated on equal terms under RLUIPA and the Constitution,” Sterett said.
Renee Miller, Pastor of City Walk – Urban Mission, expressed sadness that staying true to her ministry has led to this legal action. “We’ve repeatedly pleaded with the County to allow us to continue peacefully serving those in need through our transition home ministry so they can fully transition back into society in a safe and healthy manner,” Miller said. “Our motto is that every saint has a past. Every sinner has a future. We want these men to have a future as contributing members of society. It’s deeply troubling that we must resort to a lawsuit to continue our mission.”
City Walk program participant and transition home resident Calvin McFarland added what City Walk means to him.“No one else would take me. Without City Walk, I would be homeless and struggling to even survive,” McFarland said.
The case was filed in the United States District Court for the Northern District of Florida. A hearing date has yet to be set.
READ THE COMPLAINT: City Walk Urban Mission v Wakulla County complaint 5-6-20
The plaintiffs error in this case is quite simple to spot. They are claiming that the government should permit them to operate this house so as to assist these people in reentering society. But the county and the state of Florida do not believe that these people should be permitted to reenter society and have arranged their statutes ordinances and rules for that purpose.
Ex-offenders of a certain persuasion cannot go to a hurricane shelter, cannot vote if the felons voter rights act passes, cannot travel, at least not without fear of arrest, cannot use 99% of social media, have to have their passports and drivers licenses branded, have to be on a photo registry with personal information beyond what is on the DOC website public for all to see, have to go in to register numerous times a year to re-register, and 100 other things too long to list.
But as stated by many courts, none of this is punishment, punitive or illegal under the constitution. It is not an added sentence and is a “minor” inconvenience to keep the public safe.
To top it off, they think they threw us a bone by say MAYBE after 25 years after all sanctions are lifted, you could have a slim chance when you are 80 years old of getting off the registry by hiring an expensive lawyer.
And remember, growing up we were told, the USA is the best country in the World as a leader of human rights. Hummmmmmmmmmmmmm
So ordinances are not subject to challenge?
Yes they can do that because of that verse in the Bible that reads
“God forgives all sin accept sex offense”
MAJOR Sarcasm
Seems someone can murder a family of 5, do their time and when and if released and off sanctions, go about their lives with just minor set backs.
Now trying to stop ex offenders from doing something good that will and is a right under the constitution
” Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Appears that the law makers are breaking the law themselves and acting above the law.
Well, if you look at how registrants are treated by the various and sundry churches in America, how sarcastic are you actually being?
I agree from experience. I use to volunteer at a major Christian radio stations yearly fund raiser. One time they thanked all the volunteers on air. When my name was read, someone called in and said they would stop sending donations if I was allowed to be there.
I was told to not ever come back as they had to “Protect the children”. What freakin children, it was a radio station. I was working at the time and gave a nice donation each year. When my donation did not show up after kicking me out, they called and asked why I did not donate that year. I told them nicely to remove me from their list of sponsors.
ANOTHER case of Government OVERREACH !!!!. And ANOTHER case proving how the “Registery” is PUNISHMENT !!! If these men’s names weren’t “On a List” then there wouldn’t be ANY problem/issues with the Church helping them !! Also shows that FLORIDA is a EVIL NASTY STATE ! And Florida will do WHATEVER it has to, To prevent a EX-Offender from “Making It In Florida” !!! I’m having the SAME ISSUES with Marion County CODE ENFORCEMENT right now !! I live in the WOODS !! The ENTIRE NEIGHBORHOOD is a Old Hunting Camp and 99% of the “Dwellings” out here, Are Very Old and Run Down !! NONE WILL PASS CODE !!!! NOT ONE !!!!!. The entire neighborhood is PRIVATE !! The “County” does NOT maintain our Dirt Roads ! Law Enforcement does NOT patrol our Neighborhood ! We don’t even have Garbage Pickup ! We must transport our garbage to a Recycle facitilty !! And I own a entire “City Block” of this crappy neighborhood. And as a ” Old School HOMESTEADER” I don’t throw away much !! Because I ” Repurpose” most EVERYTHING ! SO, I have alot of ” Stuff” on my property ! And “Code Enforcement” says , I can’t have ANYTHING “USED” on my Land !! Im supposed to THROW AWAY EVERYRHING ! And I also own 10 vehicles, All Registered and driving, And “Code” says I “Have Too Many” vehicles !?!?!?. The REAL issue is, NOBODY LIKES A EX-OFFENDER TO MAKE IT !! Everyone wants us to WHITHER UP AND DIE !! We’re supposed to SUFFER EVERY SECOND OF OUR LIVES UNTIL WE KILL OURSELVES !! We’re NOT ALLOWED to “Pay our Debt to society ” And move on like Every other Criminal !!!!! As of yesterday, We ” Finally” managed to obtain just enough money to move Out West away from this CROOKED EVIL STATE ! Only issue now is, I still have to THROW AWAY EVERYTHING I OWN so CODE ENFORCEMENT will stop FINING ME !! I just received a notice that Marion County Code has a $12500 LIEN Against my (Paid off) property !!! How can this even be legal ?????????????. This just proves the GOVERNMENT OVEREACH WILL DO ANYTHING THEY WANT TO GET WHAT THEY WANT !! And they WANT US GONE/DEAD !!!.
Doesn’t matter if your home is paid off. That lien will stay there until (A) you correct what they want correct, (B) pay the fine or (C) have it satisfied at the time of selling the property.
I have had my share of run ins with code enforcement. When I was a truck driver, I came home for lunch in a box truck and parked in my driveway. I was given a code violation.
What is funny, another truck driver down the street who is not a registered fellow, still to this day parks NOT a box truck but an 18 wheeler in front of his house every day not just for lunch and never gets fined. When I brought that up, their response was #1 are you snitching ? and #2 Worry about your own fines and let us do our jobs.
I stopped parking there and got fines reversed.
ANOTHER case of Government OVERREACH !!!!. And ANOTHER case proving how the “Registery” is PUNISHMENT !!! If these men’s names weren’t “On a List” then there wouldn’t be ANY problem/issues with the Church helping them !!
Back in the 1980’s and early 90’s there was no list and these men could have gone anywhere they wanted to go. I certainly hope that someone, in all these lawsuits being filed, mentions the times BEFORE the registry existed. I firmly believe that could help in the argument that it IS punishment.
It is not a matter if it is punishment or not, we already know for a fact it is. It is getting the judges to stop being afraid to rule that it is even though they know in their hearts 100% it is.
The judges do not want to be “That” guy or “That” gal who ruled for a nasty, dirty, disgusting sex offender who is only still free because they haven’t been caught yet with our 1000% re-offending rate.
I feel even worse for people getting caught in fake stings. I saw one that got sentenced to more than I got and he didn’t even meet a real underage person, just a cop pretending to be one.
I cannot see how this can be legal based on the days when cops use to use fake drugs during drug stings. That was ruled illegal since they were not actually buying real drugs. And yet when it comes to sex stings, it is ok?????? I lost a lot of respect for the law.
When my house got broken into, I was told to fill out a report online. I guess all the officers were busy pretending to be kids in a chat room.
In many jurisdictions, “statutory rape“ or sexual misconduct with a minor is a strict liability crime. It’s been a while since I looked, but I’m sure that they’re still jurisdictions were even honest mistake caused by misrepresentation of someone’s age is not even an excuse. The victim is either under age or they are not. What has been developed in more recent times is the concept of an attempt to commit such a crime. Of course, you see the problem. In one of these strict liability states, there shouldn’t be any issue if there is no victim, but what we end up Is people prosecuted for something that realistically would not be a crime if they carried it out. If you had sex with the 37-year-old male deputy posing as a 15-year-old girl, What would the crime be? Would you be prosecuted for the attempt, but not for the actual offense.? But, I guess that is why in these drugs things they arrest you right away instead of waiting for you to drive off so they can arrest you for possession of milk sugar or oregano. LOL
What is worse, there were a few cases where the person was in an adult chat room and law enforcement pretending to be an underage person, initiate the chat. That is 100% entrapment but the judge saw it otherwise stating the arrestee could have ended the chat or blocked and reported the underaged person, who was actually NOT underage at all.
Issue #1 Entrapment and enticed into chatting and hooking up
Issue #2 The person was an adult police officer or volunteer
Issue #3 While the law enforcement waste resources entrapping folks, meanwhile it take 3 hours to get an officer to come write a report when your home is broken into. Then when they arrive, the hand you a business card and tell you to report it online (Happened to me)
Man I love America. Home of the free * Except for citizens of the registry.
WOW! I Support This 100%! As Tony and Renee Miller are my friends! As we are co-county coordinators too.
Blessings,
Joseph Pratt.
For once I actually side with the stance of the church.
Often times a church is ok with something if ONE pastor is in charge. Churches who have to answer to a board are the ones who often have conflict. Just takes one board member to throw a wrench into an idea.
I went through this myself, although not related to my charges. I submitted a way to turn around the church that was losing attendance and was in fear of closing down. The pastor loved my idea and brought it before the board. The board denied the request, the pastor resigned, and the church was sold to another denomination.
Believe it or not, there is a lot of unnecessary politics in many churches. After all, it was leaders of the church who conspired with Pontius Pilatus to crucify Jesus.
Joseph ben Caiaphas, known simply as Caiaphas in the New Testament, was the Jewish high priest who, according to the gospels, organized a plot to kill Jesus.
This is how it works in my religion as well. In ultra-Orthodox Jewish congregations, typically the rabbi alone is the decisionmaker. If someone comes in with a high-profile criminal background, then the rabbi makes a risk assessment and determines where the person best fits in and what’s safe. And that rabbi is normally equipped to do so, given Jewish ultra-Orthodoxy’s active involvement with prison inmates and other downtrodden, including registrants. In Jewish law, there is a concept of “teshuvah” that actively rewards those who are working diligently to turn their lifestyles around.
Reform Judaism is different. The Reform rabbi must answer to an elected board of lay people. If any board members are uncomfortable with the background of an individual, then religious law must take a backseat to perceived risks that threaten the financial survival of the congregation. Many board members lack experience with registrants and fear the unknown. The Union of Reform Judaism has expressed support for criminal justice reform, but its member congregations are reluctant to take risks to make such reform a reality.
Shalom,
Thank you for that. I am a Christian but I love the Jewish people. As a Christian, we are taught to love all people. That even includes people who either believe a different way than we do or those who do not believe at all.
I never try and cram my beliefs down anyone’s throat and try and show my beliefs in my actions and my love, care and concern for others. I grew up in a Christian home so it was easier for me. However I do not believe just because my parents taught me that is what I am supposed to do.
At some point in life you have to decide your path.
I do not go door to door telling people about God, not knocking those who do. I share my love in every day interactions with people. Sometimes just subtle like seeing someone having a bad day and asking if there is anything I can do to help. If not, I ask their name and tell them I will keep them in my prayers. 99% of people, regardless of what they believe appreciate someone caring about them.
Ok I have to go, seems to be some water in my eyes now LOL
There is internet reference to sexual abuse in juvenile detention center in Wakulla county ? The Government can not simply apologize apologize to the Dozier Boys in Marianna and move on . Our Government must learn Offenses are more successfully resolved through forgiveness and love . The Government has invested more in controlling and not healing the very disease they have allowed .
Review the powerful and influential that have Been exposed these last 5 years?
I was wrong , sorry . The internet reference was to a Juvenile Detention Center involving immigrants in another area . Nevertheless, abuse can not be healed by control ; While despising love and forgiveness.