A simple change in the city's zoning ordinance could settle a dispute between Murray City and a group of residents who have accused the city of violating their constitutional right of freedom of religion.
The city's Planning and Zoning Commission Thursday voted to change the code so it deals with places or buildings used for religious activities - and not the religious activities themselves."I presented an ordinance which clarifies that the city does not, nor has it ever, had the intent to regulate an individual's right to exercise his freedom of religion," said city attorney Craig Hall. "The planning and zoning ordinance regulates the use of buildings or dwellings. It does not regulate an individual's activities."
Where the planning and zoning code now reads "religious activities," it will read, "places or buildings used for religious activities" - that is, if the City Council adopts the commission's recommendation.
The code change arose from a controversy involving Scott and Linda Minnis, who said they were told by city officials to stop holding church services at their home after neighbors complained that cars were congesting the street. Scott Minnis, who said he is an elder in the Southwest Calvary Chapel, lives at 190 W. American Ave.
A notice of violation was issued by the city to the Minnises for not having a conditional-use permit. In July, city attorneys said such a permit is required of all residents who regularly conduct religious activities in a residence.
But instead of filing for the permit, Minnis sued Murray City on July 8 in U.S. District Court. The suit challenged the ordinance on the grounds it was vague, overly broad and could lead to selective prosecution.
The controversy didn't end with the suit.
Days later more than 200 protesters, rallied by KTKK-radio disc jockey Mills Crenshaw, gathered in front of Murray City Hall in support of the Minnises. The group, which sought - and got - national publicity, accused the city of violating residents' constitutional rights to due process.
Hall said Friday that Murray never stopped the religious gathering. Nor was the city ever formally served with the civil complaint, so Hall didn't answer it.
He chalks the controversy up to a "communications breakdown."
"The city was told there was a church meeting there. Church in our mind means a duly organized, recognized religious organization that meets on a regular basis in a building or structure - and not just individuals that get together for religious discussions," Hall said. "We never would have asked them not to meet had we understood what they were doing - individuals getting together discussing Christ."
Mathew M.F. Hilton, a St. George attorney representing the Minnises, praised the commission for recommending the zoning ordinance clarification. Hilton is president of the Utah Chapter of the Rutherford Institute, a Virginia-based organization involved with constitutional issues such as freedom of speech.
He said the new ordinance will allow the Minnises to continue their personal, private religious meetings at home without interference from the state.
It now requires conditional use permits only for "places or buildings used for religious activities," such as churches, synagogues, seminaries, chapels, temples and missions in residential zones, he said.
If the City Council settles the church-related controversy in Murray, Hilton said the Rutherford Institute will seek revisions in the ordinances of other Utah cities that "could be interpreted to restrict home religious activity in the same way that Murray's has."