Court Again Delays Church Shelter Case

For the second time in a week, court proceedings involving the pastor of First Southern Baptist Church were delayed Friday.

The Rev. Wiley S. Drake, locked in a controversial fight to aid the homeless, was accompanied by supporters to Orange County Municipal Court, where he faces arraignment on 11 counts of violating the municipal code.

Most of the charges are for building code violations related to Drake’s practice of allowing the destitute to sleep on church grounds.

Judge Richard E. Behn postponed the hearing, which has been continued from December, until Feb. 14. Documents for motions and responses had not reached him in time for adequate appraisal, he said.

On Feb. 12, Drake will face the city’s planning commissioners, who told him this week that they have serious concerns about his proposal to build a homeless shelter at the church.

Though zoning rules would permit such a facility, commissioners said, they would have to see a draft of the regulations under which the shelter would operate before giving approval.

City officials told the commissioners Wednesday that they need not consider Drake’s pending criminal misdemeanor charges in reaching a decision.

Drake contends that his aid to the homeless is a legally protected religious exercise.

Nearby residents, however, have raised concerns about disorderly conduct among the homeless people who camp at the church and about safety.