Church parking lawsuit in judge’s hands

Deepa Bharath

A federal judge on Tuesday heard arguments in a lawsuit against

the city of Newport Beach by a Lido Isle resident who argued that a

city ordinance that singles out parking meters adjacent to churches

is unconstitutional.

John Nelson filed the lawsuit in January 2002 in the United States

Court’s Central District, arguing that the city’s policy of not

enforcing parking meters next to churches between 8 a.m. and 1 p.m.

Sundays violates the separation of church and state.

On Tuesday, Nelson’s attorney, Randal Hannah, argued that the

ordinance passed in the 1970s that provides special parking-meter

enforcement times near four churches is one that benefits the

churches alone. Because the majority of the city’s parking meters are

on Balboa Peninsula, the only churches affected are Christ Church by

the Sea, Christian Science Church and Reading Room, St. James

Episcopal Church of Newport Beach and Our Lady of Mount Carmel

Catholic Church.

Except for these areas, city parking meters are enforced from 8

a.m. to 6 p.m. Adjacent to these four churches, however, meters are

only in effect from 1 to 6 p.m.

“The city is giving free parking to people that are going to

church,” Hannah said. “And [the churchgoers are] saving their buck on

the city’s resources.”

Hannah argued that the city is giving up several dollars of

revenue that could instead be used to improve neighborhoods. Special

privileges to a house of worship imply endorsing that particular

religion -- in this case, Christianity, he said.

“Once the city endorses a religion, it’s a way of telling the

public that this religion is special,” Hannah said. “The general

public is going to feel they’re not part of the in group unless they

belong to that religion.”

Assistant City Atty. Dan Ohl countered Hannah’s argument by

telling the court that Nelson has no evidence to show that the city

has actually spent taxpayer money on the churches.

“There has been no expenditure of city funds at all on the

disputed practice,” he said. “[The ordinance] merely provides free

parking for churches.”

The city has also maintained that the ordinance provides relief

for homeowners whose streets would otherwise be blocked by

churchgoers’ cars.

City officials have failed to convince Nelson, who said he’ll

await the court’s ruling. Judge David O. Carter took the matter into

submission Tuesday.

“This means so much to me because it’s a constitutional issue,”

Nelson said. “A dangerous precedent is set when the government gets

involved in religious issues.”