You might be wondering why you are getting our July newsletter at the beginning of August! Frankly, it’s because we have been buried defending religious liberty in the courts. Here’s a quick summary from July 2022:
• We argued a case in the Ninth Circuit on behalf of a pastor who was arrested and cited for preaching near the infamous Las Vegas Strip, even though the local law expressly allowed the pastor’s conduct.
• We argued in two separate courts of appeal in California on behalf of three pastors charged with contempt of court related to illegal Covid-19 church closures. Pastors Rob McCoy, Mike McClure, and Carson Atherly were all held in contempt of court for holding church services.
• We argued and won an injunction against the County of Santa Clara and on behalf of county employees who sought religious exemptions from the Covid-19 vaccine requirements.
• We have taken a key deposition and filed discovery motions in federal and state courts.
Adventure Church
But now I want to tell you about another case where we are in the thick of battle for Adventure Church in Fresno, California. Adventure Church is in an epic battle for religious liberty against a hostile city council that is paired with radical activists opposed to this church meeting in a downtown historic theater.
Adventure Church moved into Tower Theater in September 2020 when they started holding church services and entered into a purchase agreement with the owner of the theater.
Since then, the City has shown it will stop at nothing to prevent the Church from buying the property. The City initially attempted to use its unlawful zoning ordinance to prohibit church services. After we sent a letter to the City, it appeared the City backed off its position. However, in December 2020, anti-Christian activist groups aligned with certain city council members and started protesting Sunday mornings in front of the theater to stymie church services.
The City Council then proceeded to unlawfully interfere with the Church’s purchase of the property. We have had to prepare a lawsuit against the City arguing that the City interfered with the agreement between the Church and the property owner by funding a third-party tenant to initiate litigation against the Church and property owner seeking to stop the sale. Although the tenant had an option to purchase a separate portion of the property, the Church and property owner offered to split the property so the tenant could purchase that portion of the property. Our proposal was rejected.
We believe the evidence clearly reveals that the City was using the tenant as a straw buyer. After the tenant succeeded in getting a temporary injunction, the City swooped in and purchased the Tower Theater for close to $2 million more than the agreement reached between Adventure Church and the property owner. The City kicked out the church just two weeks ago.
As part of the underhanded dealings, the City agreed to use taxpayer dollars to pay Tower Theatre’s attorneys’ fees, pay current Tower Theatre owner $8,000 a month to manage the theatre, indemnify the current owners against future litigation by the Church, and fund a below market loan to allow the tenant to purchase the portion of the premises adjacent to the Tower Theatre.
We are now suing the City of Fresno for intentional and negligent interference with contract and violation of federal religious land use laws, among other causes of action.
This case is not just a monetary dispute. Rather, it is about the abuse of power by governmental officials who are hostile to the ministry of a local church. This case reflects official hostility that churches and people of faith are finding all too common in this post-Christian climate.
New Lawyers Joining Advocates!
We are incredibly excited to tell you that we have two attorneys joining us full-time in September. We desperately need these additional attorneys in order to handle the demands we face in defense of liberty.
We are hiring these lawyers in faith that you will continue to partner with us financially and consider contributing additional funds to help us fund these new attorneys. Would you consider making a special gift today? And please continue in prayer on our behalf and behalf of our clients.
With Gratitude,
Robert H. Tyler, Esq.