It’s a familiar tune in Sunday School classes: “The church is not a building, the church is not a steeple, the church is not a resting place, the church is a people.”
The words also ring true for the congregation at Vineyard Christian Fellowship, whose members have been prohibited by the city from worshipping in their building at 1800 Ridge Ave., since its purchase in 1996.
A federal judge ruled Tuesday that Vineyard should be allowed to hold services in its building, the latest development in a five-year struggle between the church and the city of Evanston over the constitutionality of an ordinance prohibiting the church from worshipping in the space, which is zoned for use by any other group.
The problem lies not just in the technicality of an Evanston law, but in Vineyard’s decision to move there in the first place.
The building exists within a district zoned for office buildings. In the interest of maximizing tax revenue for the city, religious organizations are not allowed to operate in such a district because they do not pay taxes. Vineyard knew about the zoning restriction when it purchased the building, then unsuccessfully petitioned the city to amend the zoning laws. In 1998, Vineyard filed its first lawsuit against the city.
Since then, the church has fought for the right to worship in its building arguing that Evanston violated the church’s right to free speech and its right to practice religion freely.
Additionally, the church argued its right to equal protection under the law, as the zoning statute prohibited churches from operating out of the building, but not a cultural organization. Lawyers for Vineyard argued that cultural activities, such as concerts and theatrical performances, were allowed in the district, while Vineyard’s services, which revolve around God, were prohibited.
Tuesday’s ruling leaves Vineyard and the city at a crossroads, and neither party appears interested in hedging. Vineyard, which has spent in excess of $100,000 annually over the past seven years renting the auditorium of Evanston Township High School for its Sunday services, is asking the city to pay those costs. The city has indicated it is unwilling to do so.
Evanston estimates the building could provide about $230,000 in taxes if it were on the property tax rolls. City officials argue the building is part of only 11 percent of city property that is zoned for commercial use, and it cannot afford to lose that revenue. Since commercial property yields more tax revenue than residential property, it is undeniable that this piece of property could be a profitable one for the city.
Since the ruling did not acknowledge Vineyard’s claim that it had been prohibited from operating because it is a religious organization, City Manager Roger Crum said the ruling allows the city to rewrite the zoning laws to prohibit cultural organizations from operating in the district. This slight change would close the loophole in the zoning laws that has been the basis of Vineyard’s claims over the past five years.
The city already is limited by the small percentage of taxable property, and Evanston is entitled to the tax revenue that this space would provide. By clarifying the zoning laws, the city can correct a mistake Vineyard and Evanston made years ago.
While the opportunity allows Evanston to end a five-year, $1 million financial loss, Vineyard is left in limbo. The church put its building on the market in 2000 but has not found a buyer. Church officials said they haven’t been able to find a new location to hold services in, either.
Fortunately, the city is in a position to help. The city has a community development department and underdeveloped land. By dedicating its resources to helping Vineyard, the city could guarantee that the two parties find a solution in the interest of both.