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Feds look into Troy’s stance on Christ Church

Department of Justice investigating complaint that the Idaho town violated church’s rights
By Anthony Kuipers Daily News staff writer

The Department of Justice is investigating a complaint that the City of Troy violated the rights of Christ Church, according to a letter from the city attorney.

Attorney Todd Richardson’s letter was posted on the Troy City Hall Facebook page last week.

In March, the Troy City Council denied a conditional use permit that would have allowed the Ye Olde Bank Event Center to host weekly church services in the central business zone it is located.

The Ye Olde Bank Event Center is owned by Christ Church elder Matt Meyer and is located on Main Street in downtown Troy.

Members of the public expressed their opposition to the CUP during a January public hearing on the matter. They shared concerns about the effect that church services would have on parking, downtown traffic and the limited amount of tax revenue in the commercial district.

When the Troy City Council denied the CUP in March, it echoed some of these fears about parking, and the effect these church gatherings may have on commercial growth in downtown Troy. Idaho code also does not allow a business that sells liquor by the drink to be within 300 feet of a church.

Since the city council’s decision to deny the CUP, Christ Church has continued to meet at the event center for worship services. The church filed a complaint with the Department of Justice claiming the city violated its constitutional right.

“The allegations are generally that the Religious Land Use and Incarcerated Persons Act (RLUIP), a federal law, has been violated by the City by its denial of the CUP,” Richardson’s letter states. “The City has denied those allegations and continues to deny that it has acted in any way improperly.”

The DOJ website says this federal law protects individuals, houses of worship and other religious institutions from discrimination in zoning and landmarking laws.

Richardson’s letter states that despite the city acting properly, the DOJ plans to proceed with a “lengthy investigation.”

He said Troy is voluntarily cooperating with the DOJ. The city does not know when the investigation will conclude, but Troy officials anticipate it will take several months.

“During the period of the investigation, and depending on what is learned through the investigation, perhaps into the future, the City does not plan on taking legal action against Christ Church of Troy for its violation of the City zoning ordinance,” Richardson stated. “The City continues to work with its attorney to address the issues before it in a responsible and careful manner to try to fully protect the City and not incur unnecessary expenses or costs to the taxpayers.”

Richardson’s letter points out that there are at least five religious denominations that currently hold services in the city. None of them is located in the central business zone, which is approximately two blocks on Main Street. The central business district is intended to “preserve and enhance” the downtown business sector, Richardson states.

“This district will provide general shopping center retail needs to the community,” the letter says. “This district applies to the original core commercial area of the downtown. The building uses in the central business district reflect the desire to have parking provided on a district basis rather than having each individual building or use provide parking.”

Kuipers can be reached at akuipers [at] dnews.com.

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