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Item 37 - Appeal No. 2023-07 Denial of CUP No. 2023-18 Anchor Stone Christian Church: 2938 S. Daimler Street
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Item 37 - Appeal No. 2023-07 Denial of CUP No. 2023-18 Anchor Stone Christian Church: 2938 S. Daimler Street
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11/29/2023 3:45:43 PM
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Agenda Packet
Agency
Planning & Building
Item #
37
Date
11/21/2023
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CJ <br />Ise 8:23-cv-00183-DOC-KES Document 25 Fiied 05/09/23 Page 12 of 18 Page ID #:191 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />are integral to the World Outreach's religious mission .... Souls aren't saved just in <br />church buildings." 591 F.3d at 535; see also First Lutheran Church v. City of St. Paul, <br />326 F.Supp.3d 745, 753, 761 (D. Minn. 2018) (finding that Church's nonprofit day - <br />shelter and community center focused on "providing hospitality and practical assistance <br />to the disadvantaged, homeless, or lonely" is "a form of ... religious exercise").' <br />Cases cited by the City reinforce the point that religious exercise is not limited to <br />traditional houses of worship and can include seemingly lay or "administrative" pursuits. <br />For example, in Scottish Rite Cathedral Association of Los Angeles, the court <br />acknowledged that RLUIPA protections have "been applied to activities as divergent as <br />religiously affiliated schools ... nonprofit hospitals ... and faith -based crisis centers." <br />156 Cal.AppAth at 118. And in Mintz v. Roman Catholic Bishop, the court found that a <br />proposed "parish center," which would "house an office for religious education and <br />would serve as a meeting place for the parish council," fell "well within the definition of <br />`religious exercise."' 424 F.Supp.2d 309, 319 (D. Mass. 2006). Undoubtedly, operating <br />meeting places, schools, offices, hospitals, and crisis centers requires significant amounts <br />of administrative work; nevertheless, these uses constitute religious exercise when <br />operated for a religious purpose. And considering that offering food to the hungry <br />cannot reasonably be mistaken as a rote administrative task, but rather has spiritual <br />foundations and is a "central tenet of all major religions," MW's practice of feeding <br />homeless individuals is unquestionably religious exercise. See W. Presbyterian Church, <br />s Some courts have found that when a religious organization engages in purely <br />commercial conduct, like leasing its property to a commercial enterprise, that activity is <br />not "religious exercise" for the purposes of RLUIPA. See, e.g., Scot. Rite Cathedral <br />Ass'n of Los Angeles v. City of Los Angeles, 156 Cal.AppAth 108, 118-120 (Cal. App. <br />2007) (finding that City's actions in prohibiting masonic temple from renting its building <br />to for -profit commercial activities, including a boxing match, did not infringe on <br />temple's religious exercise). However, here, the City does not contend that the <br />challenged conduct —feeding homeless persons —is commercial or that MW somehow <br />financially profits from it_ In fact, the City concedes that "Plaintiff is not operating a <br />commercial use." Mot. at 9. <br />11 <br />
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