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Home :: Volume 104 :: Issue 3 :: Editorial :: Public Affairs & Religious Liberty
Land Use Bill Heard in Local Government Committee
By Alan J. Reinach, Esq., director of Public Affairs and Religious Liberty in the Pacific Union
Congress conducted nine hearings over a three year period to determine the nature and extent of religious liberty problems in America. They found that land use was the biggest problem, and passed the Religious Land Use and Institutionalized Persons Act of 2000.
Four years later, the bill’s deficiencies have become glaring. For one, local governments largely ignore it. Religious uses are not favored by local governments who worship the almighty dollar. Amazingly, adult book stores fare better under many city zoning codes than do churches.
Last year, a Republican and Democrat in the California Assembly introduced land use bills. After meeting with staff, we found these legislators committed to passing needed legislation and willing to entertain suggestions for improving the language. So we mobilized the full court press. Adventist attorneys Nicholas Miller and Alan Reinach revised bill language to adapt the Federal bill to state law. Dr. Brad Newton got the two Assembly members to join forces and co-sponsor a bill: presto, a bi-partisan effort! The interfaith community was recruited to support the effort, and expert testimony prepared to meet objections.
It was a round-the-clock effort for the better part of a month, leading up to a January hearing in the Assembly Local Government Committee. We learned that committee members were hostile to our efforts, so Newton met with the committee chair to seek his help. He apologized if the faith community had given the wrong impression, that they were going to bully their way into a bill, even if it was a bad one. He insisted that we were trying to solve a real problem, and were willing to work with the committee to improve the bill, and insure that it was good legislation.
The bill that went to committee was not the one drafted by Reinach and Miller, and needed work. Because of Newton’s conciliatory approach, the conflict had been defused. The committee rejected the bill because the language was not ready, but we had made enormous progress. First, the staff report conceded that there were no constitutional problems. Second, committee members agreed that there was a real problem that needed to be solved. The committee chair agreed to work with us on refining the provisions of the bill. We’re off and running!
Now we need to gather as many stories of religious land use problems as possible, to document the need for specific provisions. If you have had such a problem, contact us immediately at 805-413-7396.
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Editorial :: Public Affairs & Religious Liberty