Church sues town over homeless shelter ‘mandated by God’

Sonia Moran looks at a meadow owned by The Rock church from her patio in Castle Rock

Behind a church surrounded by rolling prairie on the outskirts of Castle Rock, Colorado, sits a donated RV that Joe Ridenour called home for a year after losing his job during the pandemic. Living in the RV allowed him to avoid returning to Kansas City, where he feared relapsing into methamphetamine use.

“Without this trailer and this church, I wouldn’t be alive. The drug use would have consumed me,” said Ridenour, who now has a maintenance job at the county fairgrounds and rents a room from a friend he met at The Rock church.

Joe Ridenour sits for a portrait on the steps of the recreational vehicle he once called home in Castle Rock

Last year, Castle Rock ordered The Rock, a non-denominational evangelical church, to stop providing shelter in the RV and another camping trailer, citing zoning violations. In response, the church sued the town, arguing that helping those in need is a religious activity protected by the Constitution.

The lawsuit is filled with references to biblical exhortations to care for the needy and highlights the lack of other shelters in wealthy Douglas County. The church's property is not zoned for residential use, and regulations forbid anyone from living in an RV in Castle Rock.

Pastor Mike Polhemus speaks during an interview at his church in Castle Rock

On Friday, a federal judge ruled that the church can continue sheltering the homeless in the RVs temporarily while the lawsuit proceeds. The town, which has pledged to “rigorously defend the zoning authority of communities,” declined to comment on the ruling.

Town officials argued that the church could help the homeless in other ways, such as opening members' homes or buying a property zoned for residential use. Pastor Mike Polhemus emphasized the church's religious duty, stating, “The word of God actually commands us to love those that are struggling and poor and to shelter them. That is our mandate. And we believe that actually goes above the county or city codes or whatever codes there are.”

A recreational vehicle and camping trailer sit empty in The Rock church’s parking lot

Nearly a decade ago, the church began sheltering homeless women and children in its gym one night a week as part of a church network. In 2018, it started allowing homeless men to stay in the trailers after interviews and background checks. The network stopped its outreach last year, leaving The Rock to shelter people in the trailers. Following Friday's ruling, Jeremy Dys, senior counsel for First Liberty Institute, which represents the church, said they would welcome people back into the RVs as soon as possible.

The lawsuit is based on the church's religious freedom under the First Amendment and the Religious Land Use and Institutionalized Persons Act, a federal law that protects places of worship from discriminatory zoning decisions. The law has helped various faiths build or expand places of worship and has been invoked in legal fights over efforts to help the homeless.

A cross is displayed at The Rock church in Castle Rock

Before The Rock filed its lawsuit, a church in Bryan, Ohio, filed a similar case after its pastor was criminally charged for allowing homeless people to shelter there. The church and city officials are negotiating a resolution to the lawsuit. Other recent lawsuits include one in Oregon, where a federal judge ruled that the city of Brookings could not limit a church's homeless meal services, and another in California, where a Christian non-profit settled its lawsuit after being penalized for feeding homeless people.

Lauren Langer, an attorney in Los Angeles, noted that lawsuits between churches and municipalities over care for the homeless can be costly and protracted. Some California communities have formed partnerships with churches to provide services like restrooms, trash pickup, and security for people living in vehicles.

Sonia Moran, who lives near The Rock church, initially wasn't concerned about the church sheltering the homeless but changed her mind after the church proposed building affordable housing. She fears the development could increase crime in her neighborhood and doubts it will truly serve teachers and first responders, as the church claims.

Polhemus denies the church is seeking profit, explaining that workforce housing is not a profitable venture. Moran also believes the church should focus on areas with more significant homelessness issues, like Denver. Douglas County has donated $1.1 million toward building a shelter in Aurora, 30 miles away.

Before moving into the church's RV, Ridenour slept in his truck, stayed in motels, or with friends temporarily. The church employed the experienced carpenter, helping him pay off debts and buy clothes for job interviews, restoring his sense of worth.

“They showed me my worth, which I had lost,” Ridenour said.

Now, Ridenour feels strong enough to return to Kansas City. “God has made this a journey for me to be back with my family and back with my kids with a complete rewiring of me,” he said.