Sunday, June 1, 2008

City decides booze is better than church

The Planning and Zoning Commission of Yuma, Ariz., denied a use permit to a church because, in part, it worried that the church would cost the city liquor license money.

City staff informed the commission in a report that the church would not be "beneficial to overall economic health" of the area, a condition necessary for granting a conditional use permit (CUP).

Why not?

The staff report cited worries about parking and about lessoned tax revenue, but also warned that an Arizona statute forbidding liquor licenses within 300 feet of a church might prevent certain businesses from moving near the church's proposed new location.

"Churches should not be singled out for discrimination by a city's zoning restrictions," said ADF Senior Legal Counsel Byron Babione. "Prohibiting a church from occupying its own building simply because a city favors non-religious assemblies over religious assemblies is not allowed under the Constitution or federal law."

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