Father Bernie Lindley: A Valiant Vicar vs Scofflaw City – Part One
Part One
Although alliteratively apt, “valiant”, a term most known through an eponymic comic book hero, Prince Valiant, is unlikely often to be paired with “vicar” except perhaps in some future British mystery series.
“Father Bernie” Lindley of Brookings, OR is the Episcopal priest of a parish facing harassment by a scofflaw city government attempting to fine it up to $720-a-day unless it stops certain ministries.
https:// wildrivers.lostcoastoutpost.com/ 2023/apr/18/
“Scofflaw” is a wonderfully onomatopoeic term describing deliberate flouting of the law. It has a remarkable history of being popularized by Temperance forces during Prohibition through a contest to best describe illegal drinkers. In more recent years, it has been downgraded on the Moral Turpitude Scale to refer often to “minor offenses” such as inaction on parking or traffic tickets. This is even included in Random House and other dictionaries. However, nothing precludes its referring to bigger issues. Contemptuous behavior can reach the highest level.
What laws did Brookings officials “scoff?” Guarantees of free exercise of religion in the U. S. and Oregon constitutions and a clear federal statute passed unanimously by both houses of Congress in the year 2000.
This all started because some neighbors had complained of too many showing up at the church for free meals and a plethora of services. All this because some neighbors have complained that St. Tim’s many ministries bring perceived human eyesores too close to their homes. A petition with 30 signatures was submitted to the city council, referring to “vagrants” as “hostile individuals” and “undesirables.”
The city public works department is using an abatement procedure usually used for such things as “clean up that eyesore (rusting trailer, old tires, etc.)” to include having city officials— 1st amendment guarantee of the free exercise of religion and a clear Federal statute (the Religious Land Use and Institutionalized Persons Act) unanimously passed by both houses of Congress, notwithstanding—decide what a church can and cannot do in ministry on its property.
Click here for the commission’s staff analysis suggesting the denial of the church’s appeal.
At the heart of the city’s argument is the following:
One dictionary definition of “church” is “a building for public and especially Christian worship.” See, Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/church (last visited June 14, 2023).
Another definition is similar: “a building used for public Christian worship.” See, Oxford English Dictionary, accessed via Google search on June 14, 2023.
Both of these definitions only refer to “worship,” not any other religious activities.
The City is not aware of any information suggesting that when people are seeking and obtaining social services at St. Timothy’s there is any worship/religious service being performed.
Any middle school student should know that in using a dictionary, one should look at all definitions and examples of use. To cite one definition as the only one is extreme lexicographer malpractice, especially when another only is added to conveniently bolster an argument.
The mis-cited Oxford English Dictionary has twenty volumes: It includes five pages in small type on “church”, including 17 definitions and multiple examples of use.
Brookings city has triggered what is likely to be years of costly Federal litigation, almost certain to be won by the church and the Episcopal Diocese of Oregon. Taxpayers are likely to pay thousands for litigation affirming clearly settled constitutional and statutory law.
https:// www.washingtonpost.com/nation/ 2022/02/03/oregon-church-sues- brookings-city/
https://www.usatoday.com/story/ news/nation/2022/02/03/church- sues-city-free-meals/6648358001/
https://www.npr.org/ 2022/02/02/1077700303/oregon- church-suing-limit-free-meals- homeless
I speak with such confidence because the federal law requires the “strict scrutiny” of whether a law contains a Compelling-State- Interest-unobtainable-by-other- means, a long-established civil rights doctrine, before constitutionally protected religious freedoms can be abridged. Also, a similar Southern California federal case has caught the attention of the Department of Justice’s Civil Rights division.
Legal junkies will find a thorough analysis of judicial decisions related to RLUIPA, passed unanimously by Congress over twenty years ago, in the pleading of the Federal Department of Justice: https:// www.justice.gov/media/1292141/dl? inline=
The Oregon Constitution also includes theses words: “[n]o law shall in any case whatever control the free exercise, and enjoyment of religious opinions, or interfere with the rights of conscience.” Article 1, section 3 and that all people “shall be secure in their Natural right to worship Almighty God according to the dictates of their own consciences.” Article 1, section 2
Certainly, if the City Council had received—and listened to— competent and persuasive legal advice, a better solution could have been addressed and negotiated. Instead, it is prolonging costly litigation in a scofflaw manner.
As to what happens next, the planning commission is scheduled to rule 8/1 on the church’s appeal of the abatement order. This follows a 6/27 hearing where over ten ordained clergy spoke out against the city’s actions.
An interview with Father Bernie:
Ministry with Teeth, Towels, Food, Flowers and Friendship.
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Robert “Silky” O’Sullivan, a longtime resident of the Oakland/Berkeley area, has retired to a beautiful garden home in Brookings on the Oregon coast. He is mourning the death of his wife of over 51 years, Alice Wildermuth O’Sullivan, in April 2020. She had distinguished careers as a musician and attorney. Hear many examples of her musical gifts on the Alice Wildermuth O’Sullivan YouTube channel. Three German Shepherds help to keep him appreciating the wonders of creation and are comforts during these days of loss.
After many career involvements (including politics and media, high school teaching and pastoring), he has discovered a new vocation as a “Left Coast” ‘poet and writer, deeply influenced by William Blake and Dag Hammarskjold, who both embodied brilliant Christian visions while working in remarkable ways for justice and peace. O’Sullivan’s new words to Christmas carols and other hymns, incorporating peace and justice themes, and a Blake-inspired “unofficial international anthem” have been published in ProgressiveChristianity.org, along with civil rights and other writings.