City is violating church's rights

By David W. Newell

As a lawyer and attender of Christ Church of the Heartland, I am compelled to respond to the city of Cape Girardeau's recent restrictions on the ministries of the church.

The city is violating the church's and its members' First Amendment rights to the free exercise of their religion. Under current constitutional law, a government -- whether it is local, state or national -- must have a compelling reason to regulate a church. For instance, a compelling reason has been interpreted as establishing building codes with which a newly built church must comply.

A compelling reason is not one that restricts the various ministries of a church. The city is aware that it must have a compelling reason to regulate a church. Therefore, it is calling the ministries of Christ Church of the Heartland "retail." It has done this regarding both the Angel Food ministry and the proposed development of a day care.

Both Christ Church of the Heartland and Angel Food would lose their not-for-profit 501(c)3 status with the IRS if they were actually doing retail. Angel Food provides its food services for a nominal fee throughout the nation, and it is seen as a not-for-profit ministry, not retail.

The city claims that under its justification of regulating a church it would not stop spaghetti suppers or similar activities. It seems like the city is selectively discriminating against Christ Church of the Heartland because of the complaints of some neighbors or because the church does not have the political power of other churches.

Both state and federal laws fully support the accessory uses of church property to fulfill the ministry of a church. A church's ministry is much more than its Sunday morning service. The city of Cape Girardeau is persecuting churches and unconstitutionally prohibiting the exercise of Christ Church of the Heartland's First Amendment rights.

David W. Newell is a Cape Girardeau lawyer.