Baptist Church Alleges Religious Discrimination as Arizona Border Town Abruptly Ends Food Ministry

A federal judge signaled he may dismiss the city of San Luis, Arizona’s motion to throw out a legal challenge from a local Baptist church over its food ministry program. The church has been serving families along the Arizona-Mexico border, feeding about 200 families every Saturday.

In a Phoenix court hearing, representatives for San Luis argued that a lawsuit filed under the Religious Land Use and Institutionalized Persons Act requires a final local determination before legal action can be taken. The city claimed that Gethsemane Baptist Church’s operations exceeded their legal nonconforming status established in 2012 when the area was rezoned.

However, U.S. District Judge G. Murray Snow sharply questioned this perspective, characterizing it as “nonsensical.” He challenged the city’s stance that the church must apply for a conditional use permit before a final determination regarding its alleged operational expansion has been made.

During the proceedings, Cameron Artigue, the city’s attorney, maintained that without a permit application, the church couldn’t effectively contest enforcement actions that had halted its food distribution. Judge Snow countered, emphasizing the illogic of requiring the church to seek permission for an operation the city has already deemed illegal.

Artigue insisted the matter is one of local jurisdiction, not federal. When pressed by Snow about the clarity of the situation, Artigue admitted, “It’s not clear to me,” prompting Snow to respond, “I don’t really care what’s clear to you.”

Representing the church, attorney Charlene Warner argued that a request for a conditional use permit wasn’t necessary because the city’s enforcement actions and revocation of its legal status amounted to a final decision. Warner highlighted the church’s attempts to appeal that decision, citing failure to receive any response as a tacit denial.

Noah Sacks from the U.S. Department of Justice, which supports the church, argued that any use of police powers, such as citations, effectively constitutes a final determination. Sacks clearly stated, “If it’s not, I don’t know what is.”

Artigue refuted this, stating that a written final decision is critical and that the church can only achieve this through a permit application. Judge Snow, however, expressed skepticism toward this line of reasoning, asserting that any determination about expansion was essential before proceeding.

Gethsemane Baptist Church has been a staple in the community since 1999, providing essential food services to families across San Luis, Yuma City, and beyond. Initially allowed to operate under a legal nonconforming status by the city in 2012, the church’s troubles began following a change in city leadership in 2022. The new administration issued multiple warnings, citing zoning violations related to food distribution activities.

The church’s lawsuit also points to perceived inequality, illustrating instances of commercial vehicles operating in residential areas without similar scrutiny. Judge Snow indicated he will issue a ruling soon, which could have significant implications for the church and its ongoing ministry operations.