Lawyers for the city of Evanston and for Vineyard Christian Fellowship Church are squaring off in federal court this week, marking the most recent step in a 4-year-old battle pitting the city’s financial need against the church’s right to worship.
Vineyard’s lawsuit contends that the city’s application of its zoning ordinance violates the church’s rights to free speech and religion, while city officials say the building should be occupied by a company that pays property taxes.
Under the ordinance, religious worship is not allowed as a special use in the office district where Vineyard’s building, 1800 Ridge Ave., is located. Although there is a church already in the district, it was there before the council amended the ordinance in 1993 and is allowed to continue to hold services, said Mark Franz, assistant to the Evanston city manager.
The church’s charges stem from the other special uses that the city allows in the district, including concerts, theatrical performances and parties. According to news reports, U.S. District Judge Rebecca Pallmeyer, who is presiding over the case, said Monday she is concerned that the ordinance does discriminate against religion.
“The judge acknowledged the (church’s) current arrangements have been a burden to the church,” said Vineyard attorney Mark Sargis. “At one point I think she said, ‘It’s a miracle they’ve been able to survive.'”
City attorney Jack Siegel could not be reached for comment Wednesday.
Vineyard’s building contains the church’s administrative offices, storage space and community activities. The church has paid $300,000 over the past three years to hold its Sunday services in Evanston Township High School, Vineyard attorney Paul O’Flaherty said in his opening arguments.
Several aldermen, including Ald. Arthur Newman (1st), have argued that the city’s financial woes require that all eligible buildings remain on the property tax rolls. The building could provide the city more than $200,000 in property taxes annually, Newman said in May.
Vineyard, which paid more than $1 million for its building without a guarantee from the city that it would grant zoning relief, filed its first lawsuit in 1998 after the council declined the church’s request for a zoning amendment. Vineyard withdrew the case in January 1999 when city officials agreed to consider a second zoning request by the church.
But City Council in June 1999 voted 6-3 against an amendment to the 1993 city zoning ordinance that would have permitted Vineyard to hold religious services as a special use. The church refiled the lawsuit in Cook County Circuit Court in January 2000.
Alds. Dennis Drummer (2nd), Steven Bernstein (4th) and Stephen Engelman (7th) voted in favor of the church at that meeting. Both Drummer and Bernstein said at that meeting they thought the omission of religious institutions from the ordinance likely was an oversight.
