Jesus said: “For I was hungry and you gave me something to eat.” But for a Christian group serving homeless people in Southern California, the lesson behind that axiom is at the center of a legal battle brewing between the federal government and a city of 310,000 people.
Micah’s Way serves the poor in the city of Santa Ana, Calif., southeast of Los Angeles, by helping homeless people and others with getting IDs, mail, and – occasionally – a hot cup of coffee and a muffin.
But the city is threatening fines, saying Micah’s Way is violating zoning rules by handing out food and drink in a professional district.
“They figure, if you don’t provide food, then you won’t be an attraction to the poor and the homeless. And that’s why instead of cracking down on the poor and the homeless, they’re going after the homeless service providers themselves,” said Ed Connor, an attorney representing Micah’s Way.
Now, the federal government is weighing in. On Wednesday the Justice Department filed a statement of interest backing Micah’s Way, arguing that the distributing of food and drink to homeless and poor people as a “religious exercise” could be a federally protected activity.
The DOJ’s involvement comes as cities across the country are grappling with growing homeless populations, while putting bans in place on tent encampments. In Arizona, a woman was arrested for feeding homeless people without a proper permit. Earlier this year, Missouri banned sleeping in public places like parks or under bridges. Last year, Tennessee became the first state to make it a felony to live in a tent or sleep on state land.
What’s happening in Santa Ana
Around the start of the COVID pandemic, Micah’s Way started distributing snack foods and beverages outdoors instead of inside its resource center. It’s one of many services Micah’s Way offers, including helping poor and homeless people get IDs and birth certificates so they can apply for housing services and distributing hygiene kits. Vaskin Koshkerian, a leader of the volunteer organization, waits at the local jail each night for people who are released to offer them services.
“He believes fervently in helping his fellow man,” Connor said of Koshkerian. “He wears his crucifix around his neck.”
At the same time the group moved its operations outside, the American Addiction Institute opened up a needle exchange program nearby, Connor told USA TODAY. There were complaints from some in the neighborhood about an increase of homeless people, loitering and littering, which Connor said couldn’t be traced back to Micah’s Way’s services.
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Micah’s Way agreed to move its services back indoors. Still, the city told Micah’s Way it was violating zoning rules by offering food and was operating without a certificate of occupancy. The city denied its application for the certificate twice, so Micah’s Way brought a federal lawsuit.
“After denying the occupancy certificate, the city informed Micah’s Way that it could not feed people who are homeless at its resource center under any circumstances and that if it continued to do so, Micah’s Way would be subject to fines and potential criminal prosecution,” the U.S. Attorney’s Office for the Central District of California said.
Justice Department: Feeding homeless people can be ‘religious exercise’
Micah’s Way sued under a federal law, the Religious Land Use and Institutionalized Persons Act of 2000. RLUIPA protects individuals, religious groups and churches from “discrimination in zoning and landmarking laws,” according to the DOJ. The law prohibits cities from creating zoning laws that “substantially burden the religious exercise of churches or other religious assemblies.”
Santa Ana’s actions against Micah’s Way do just that, Connor said.
“You can’t weaponize your zoning code to drive out service providers who are just trying to exercise their religious beliefs in a very reasonable manner by providing services to those poor and homeless people who are in need of those services,” he said.
The city said it fully supports religious expression and helping those experiencing homelessness, and pointed to its homeless shelter and outreach efforts in a statement to USA TODAY.
“In this case, however, Micah’s Way has been using its administrative office to distribute food in an area where this activity isn’t permitted,” spokesperson Paul Eakins said. “This has impacted the adjacent residential neighborhood, resulting in multiple complaints from residents. Micah’s Way has not shown that the City has placed a substantial burden on its religious exercise.”
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The Justice Department’s filing this week urged a judge not to toss out Micah’s Way’s lawsuit, arguing against Santa Ana’s assertion that the organization failed to establish that feeding homeless people is a core service it provides as part of its religious mission. A blanket ban on feeding homeless people could violate RLUIPA, the Justice Department said.
“Discriminatory barriers and land use restrictions against faith-based organizations is unlawful,” Assistant Attorney General Kristen Clarke said in a statement. “Many faith-based organizations across the country are on the front lines serving the needs of people experiencing homelessness. The Justice Department is committed to enforcing federal civil rights laws to ensure that all religious groups can freely exercise their religious beliefs.”
Connor said Micah’s Way’s legal team hadn’t solicited the Justice Department’s involvement in the case and he hopes its support will go a long way in showing the city that what it’s doing is wrong.
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Micah’s Way is part of the city’s professional or “P” zone. That means it joins other businesses and establishments including banks, travel agencies, professional offices and museums, according to Santa Ana’s zoning rules. Those businesses commonly give out refreshments, Connor argued. For example, a law firm might offer clients coffee and pastries while they wait.
“Why aren’t you going after everybody that violates the zoning code because they’re handing out food?” Connor said.
The Los Angeles Times reported in 2020 that Santa Ana has long been feuding with Orange County, arguing the city unfairly bears the brunt of the county’s homelessness problem. Connor said the city’s actions represent an attempt to drive out homeless people by going after the services they depend on.
Connor said Santa Ana’s homelessness problem is socioeconomic requires a different approach than the one the city has adopted of using its resources to “obstruct and hassle.”
“They’re all human beings and they all deserve a helping hand,” Connor said.