Sunday free parking ruled constitutional
June Casagrande
The city is not violating the establishment clause of the
Constitution by allowing free metered parking near four churches on
Sunday morning, a district court judge has ruled, striking down a
lawsuit by a local man who charged that churches were getting special
treatment.
John W. Nelson, the Newport Beach resident who sued the city over
the practice, said he has not yet decided whether he will appeal
Friday’s decision by Judge David O. Carter.
“I respectfully disagree with Judge Carter that this is not an
endorsement of religion,” said Nelson, who paid about $20,000 out of
pocket in attorney fees for the suit filed in January 2002. “I think
he missed the point. Why is the free parking allowed on Sunday
mornings only at the adjacent churches? The obvious answer is that
it’s an endorsement of religion.”
In his decision, Carter wrote that the city’s exemption of parking
meter charges near four city churches was consistent with the
Constitution on several grounds.
“The primary effect of the exemptions is neither to advance nor
inhibit religion,” Carter wrote. “While the exemptions alleviate
parking problems for those seeking to attend church services, the
metered spaces are not reserved for churches. A reasonable observer
would understand that anyone may park in the metered spaces on Sunday
mornings. The primary effect of the exemptions, therefore, is not to
endorse religion.”
Carter had also argued that the exemptions also help the city to
manage traffic by reducing congestion near churches. Nelson said
that, on the contrary, the parking exemptions create traffic problems
because drivers slow down to see which meters are free.
“We’re very pleased with the court’s analysis of the issues in
question,” said Daniel Ohl, a staff attorney for the city. “I think
the decision vindicates what the council did in the ‘70s . And I
think it vindicates the council’s decision to contest the case.”
The city passed an ordinance in the 1970s to allow free parking
from 8 a.m. to 1 p.m. Sundays at meters near city churches: Because
the most of the city’s parking meters are on Balboa Peninsula, the
only churches affected are Christ Church by the Sea, 1400 W. Balboa
Blvd.; the Christian Science Church and Reading Room at 3303 Via
Lido; St. James Episcopal Church of Newport Beach, 3209 Via Lido; and
Our Lady of Mount Carmel Catholic Church, 1441 W. Balboa Blvd.
Nelson, a self-described agnostic, said he filed the suit because
he is committed to the constitutional principle of freedom of
religion. He said that he and his attorney are examining the law to
determine whether an appeal would be worthwhile.
“Friends have said, basically, why would I spend all this money
out of pocket with nothing to gain, because win, lose or draw, I’m
out $20,000 with nothing to gain financially,” Nelson said. “I answer
that it does benefit me. It benefits everyone because it strengthens
the Constitution and guarantees our religious freedom.
“You can’t put a price on freedom,” he said. “Absolutely, it’s
been worth it.”
* JUNE CASAGRANDE covers Newport Beach and John Wayne Airport.
She may be reached at (949) 574-4232 or by e-mail at
june.casagrande@latimes.com.
All the latest on Orange County from Orange County.
Get our free TimesOC newsletter.
You may occasionally receive promotional content from the Daily Pilot.