From the Apr 8 – Apr 14, 2004 issue

News

Church Law

State Court Case Overrules City Objections to Church Message Board

by Amy Jenniges

On Roosevelt Way Northeast, across the street from a self-storage business, there's an ornate brick church tucked to the back of a vast parking lot. The church, Calvary Christian Assembly, is so far back from Roosevelt--it's more accurate to say it overlooks I-5, two blocks west of Roosevelt--that it's hardly noticeable from the busy North End strip.

The church is apparently aiming to amp their visibility by erecting large electronic message boards, to advertise activities at the church like Bible study classes. It recently sought permission from the city Department of Planning and Development (DPD) to go forward with plans for two signs, one on busy Roosevelt, and the other on the opposite side of the church property, in a residential area.

The sign on Roosevelt is well within city land-use rules, so the church can build it. But the eight-foot by nine-foot electronic sign planned for the residential side of the church property isn't automatically allowed under city regulations, so the church asked for a variance from those residential-area rules. The church's request, however, was rejected on March 15.

But in the same rejection report, the city cited a 1982 Washington State Supreme Court decision that lets the church ignore the city ruling and build the residential-side sign. "Our hands are kind of tied in this situation," says city planner Lucas DeHerrera, who authored the contradictory land-use decision after conferring with the city attorney's office. "Land-use zoning cannot infringe upon the religious freedoms of churches."

He's right, says the city attorney's spokesperson Kathryn Harper: The 22-year-old state court case involved a church operating a school in its basement, a space that violated the city of Sumner's building and fire codes. Arguing that it had a religious freedom to operate the school despite the city's regulations, the First Baptist Church of Sumner won. "You can't treat churches the way you treat everything else," Harper explains. "DPD felt they would not prevail if the church challenged [their decision]."

Neighbors objected to the sign while the city was doing its analysis, arguing an electronic message board didn't meet neighborhood design guidelines. Now, those neighbors could fight the city's decision. For some, it's not just an issue of Calvary Christian Assembly's sign, but the larger issue of the city's inability to enforce land-use regulations against churches.