OCEAN CITY, Md. - An Ocean City church that has provided beds for people experiencing homelessness is challenging the town in federal court, arguing that efforts to stop the shelter violate its religious rights.
St. Paul’s by-the-Sea Episcopal Church has been providing overnight shelter for people without homes for months. The dispute centers on whether the church is permitted to operate the shelter under the town’s zoning regulations.
Pastor of the church Jill Williams says providing shelter to people in need is part of the church’s religious mission. The lawsuit alleges the town’s actions violate the First Amendment and the federal Religious Land Use Act.
The town began issuing $1,000 daily citations in June to Williams and the church’s senior warden, according to the church. Those fines have been paused while the federal lawsuit proceeds, but an attorney representing the church says the citations have already totaled about $20,000.
“This is nothing new for a church to do,” Williams says. “So of course we wouldn’t pay a fine for doing that, and we won’t.”
In a statement provided to CoastTV on Wednesday, Ocean City leaders maintain that the dispute is a matter of zoning and building use, rather than an effort to interfere with the church’s religious practices.
“As to the specifics of the lawsuit that has been filed, the Mayor and City Council cannot comment on active litigation. What we can say is that the Town has a history of supporting programs and services for individuals experiencing homelessness. The Mayor and City Council of Ocean City has, for many years, provided financial and other support to Diakonia, the homeless shelter located in West Ocean City including significant support for the proposed expansion of this long legally established shelter. The Town also participates and actively supports the Worcester County Homeless Outreach Team (HOT) which works to provide a full range of services including counseling, medical assistance and permanent housing for the homeless. The Town has a responsibility to ensure that all properties and facilities comply with established zoning, building, occupancy, and safety codes, and operate within allowed uses. Code provisions are applied consistently to all properties in Ocean City in order to protect the health, safety, and welfare of both occupants and the broader community.,” town leaders say.
Pastor Williams says that, from their perspective, there is nothing to comply with, saying they don't believe that the imposed zoning regulations apply to them.
“We don’t think that members of our community should be dismissed because they don’t earn money for the city,” Williams tells CoastTV.
In the past, town leaders have said the Ocean City fire marshal inspected the building and that the church addressed fire code concerns. However, resolving those concerns does not by itself authorize the building to operate as a shelter. Also noting that a building changing use must go through an approval process.
The church disputes that the town can apply those requirements in a way that prevents it from providing shelter as part of its religious ministry. Williams tells CoastTV that the congregation intends to continue its work while the legal fight plays out.
“We should be spending all of our time and money and energy helping people,” she says.
For now, the beds remain at St. Paul’s by-the-Sea as the federal court considers a dispute that could determine whether the church’s shelter is protected as an exercise of its faith or subject to Ocean City’s land-use restrictions.
The church's attorney says that their next step is to wait for their court date to be announced, a process that could take a while.
