Feds aid church in zoning dispute

By Timothy Hurley
Advertiser Maui County Bureau

WAILUKU, Maui — With one division of the U.S. Department of Justice already suing the Maui Planning Commission, another is now threatening a legal challenge in the same case involving a small church claiming its religious freedom is being violated.

The Justice Department's Civil Rights Division entered the fray last month, alleging that the Maui commission's decision to deny Hale O Kaula the right to build its church on rural Kula property violated a federal law exempting religious groups from many local zoning regulations unless a community can show the restrictions are necessary to protect public safety.

The department's Civil Division already is a partner with the church and the Washington, D.C.-based Becket Fund for Religious Liberty in a suit filed in September 2001 alleging the same violations.

Maui Corporation Counsel Brian Moto yesterday described the latest development as unfortunate and said he found it perplexing that two different arms of the same agency would be behaving so independently of each other.

The commission is expected to discuss the issue at its regularly scheduled meeting Tuesday.

In a May 14 letter to the county, the Civil Rights Division said the commission imposed "a substantial burden on Hale O Kaula's religious exercise" as guaranteed by the Religious Land Use and Institutionalized Persons Act of 2000.

The letter also accused the commission of imposing a land-use regulation that discriminates against an assembly or institution on the basis of religion.

It also said the department is willing to negotiate a settlement that would end the county's discrimination and resolve the denial of the Hale O Kaula's special use permit application.

Je Yon Jung, a Justice Department attorney assigned to the case, declined to comment yesterday.

David Jenkins, Hale O Kaula pastor, said he found it gratifying to receive the support of the federal government.

"We keep saying this land-use issue is a big deal, but the county doesn't want to take us seriously," he 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.

Maui County attorneys and neighbors of the property have argued against construction of the church, saying it would lead to increased traffic and deterioration of the area's rural atmosphere.