Federal lawsuit filed in Maui church case

By Timothy Hurley
Advertiser Maui County Bureau

WAILUKU, Maui — The U.S. Justice Department filed suit against the Maui Planning Commission yesterday, accusing the panel of religious discrimination for denying a small church the right to build a sanctuary on its property in Kula.

The suit, filed by the department's Civil Rights Division in U.S. District Court in Honolulu, claims that the commission violated a federal law exempting religious groups from many local zoning regulations unless a community can show the restrictions are essential to protecting public safety.

The suit is believed to be the first one brought by the government under the Religious Land Use and Institutionalized Persons Act of 2000, a law intended to give churches an advantage in zoning battles.

Maui Corporation Counsel Brian Moto said he was surprised the suit was filed in light of a June 24 ruling by Los Angeles federal judge Stephen V. Wilson, who said Congress exceeded its constitutional authority by granting expanded First Amendment protection to churches.

Moto also pointed to a ruling on Monday by Maui Circuit Judge Shackley Raffetto, who denied a motion by Hale O Kaula to delay its state court proceedings while the federal case continues. He said the ruling means the case rightfully belongs in circuit court.

Justice Department officials could not be reached for comment, but David Jenkins, Hale O Kaula pastor, said he was "pleased as punch" that the agency has come to the church's aid.

"We can't seem to get the county's attention," Jenkins said.

Hale O Kaula sued the planning commission after its application for a special use permit was denied for the second time. The permit is needed because the land is zoned for agriculture, and religious services are not allowed.

In denying the permit, the commission agreed with its hearings officer that construction of the church would lead to increased traffic and noise, added burden to county services and a deterioration of the area's rural atmosphere.

The Washington, D.C.-based Becket Fund for Religious Liberty joined the church in a suit filed in September 2001 alleging violations of the religious freedoms law, and the Justice Department's Civil Rights Division entered the suit to defend the constitutionality of the law.