Northwestern University and Evanston's Only Daily News Source Since 1881

The Daily Northwestern

Northwestern University and Evanston's Only Daily News Source Since 1881

The Daily Northwestern

Northwestern University and Evanston's Only Daily News Source Since 1881

The Daily Northwestern

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Local church wins lawsuit against city

The Vineyard Christian Fellowship — long barred by Evanston zoning ordinances from worshipping in the building it owns — should be allowed to hold services there, according to a federal court ruling.

The Tuesday decision was a victory in the church’s five-year legal battle against the city.

Judge Rebecca Pallmeyer said the city violated the church’s rights of free speech and equal protection.

“We are very grateful to get this kind of vindication from the court,” said William Hanawalt, the church’s executive pastor. “We hope that we can quickly move on from here.”

Vineyard plans to host a religious conference at its building this weekend that will include worship, Hanawalt said. It might host Good Friday services there as well.

The church at 1800 Ridge Ave. lies within an Evanston office district. City law allows for cultural activities within the district but not religious ones.

Since 1998, Vineyard has filed, dropped and refiled several lawsuits revolving around the city’s refusal to grant a zoning permit for a place of worship in a business district.

The distinction between cultural and religious activities is the crux of the problem.

One of the purposes of an office district is to generate revenue for the city, city lawyer Jack Siegel said.

Cultural activities benefit the entire city instead of a single congregation and improve the economy, justifying placement in an office district, he said.

And because the court ruled the city did not violate Vineyard’s religious rights, even a slight change in the zoning laws could still keep the church out, city officials said.

City Manager Roger Crum said the ruling suggests that if city zoning ordinances restrict both religious and cultural facilities in the district, they might not violate equal protection rights.

The court declined to rule on the damages Vineyard claimed against the city, which included rental fees for alternative worship locations and legal expenses. Hanawalt said Vineyard has paid nearly $100,000 a year to rent the gym at Evanston Township High School during the 12 years it has not been able to use its building.

Vineyard will not resume regular Sunday services until an agreement over damages is reached, Hanawalt said.

Judge Pallmeyer encouraged the two parties to reach an agreement outside of court, but no plans have yet been made for a meeting.

Mark Sargis, an attorney for Vineyard, said he would like to see a resolution instead of more time in court.

Vineyard sought to resolve the case with the city before filing the suit and three times afterward, Sargis said. The Fellowship also dropped the case in 1999 when it appeared that Evanston City Council might amend the zoning ordinance. But when the council rejected the proposal, the church refiled suit.

“In large part we’re here today because of the refusal by the city to reconsider their actions,” Sargis said. “Ideally we’d like to see a resolution. I don’t know that that’s going to happen.”

Siegel said if the city decides not to appeal the decision, he will try to minimize any damages the city must pay.

“I’m not going to roll over,” he said.

In arguing the case, Siegel said Evanston law created a clear distinction between religious and cultural activities.

Cultural activities include the display of art or theatrical performances, Siegel said.

“That’s not a primary function of a church,” he said.

Churches and nonprofit organizations do not pay property taxes in Evanston, and Vineyard’s tax status is still in question, Siegel said. But he said the city’s main issue with Vineyard is not taxes but the inappropriateness of a church in a building that housed offices for 25 years.

The building, designed for offices, could support up to 200 workers, far more than the church’s staff, Siegel said.

“That makes a hell of a lot of difference from an economic standpoint,” he said.

The area also has too little parking to accommodate a Sunday congregation, Seigel said.

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Northwestern University and Evanston's Only Daily News Source Since 1881
Local church wins lawsuit against city