- Add new comment
- 3908 views
A Kenyan church in Baltimore has filed a federal lawsuit against the Baltimore County and Board of Appeals of Baltimore County for discrimination and violation of civil rights.
In the lawsuit filed on October 13, 2017, Jesus Christ is the Answer Ministries and its pastor, Reverend Lucy Ware, accuses the County government and the County Appeals Board of acting in bad faith to prevent the church from operating from premises it purchased in 2012.
Reverend Ware, an ordained minster and native of Kenya, founded the nondenominational and multicultural church in 2002. Initially the church met at Rev Ware’s house but as the congregation grew they moved to different venues over the years and finally in 2012 raised funds to purchase a permanent place of worship.
Revered Lucy Ware tells Mwakilishi.com that the church congregation and its well-wishers held fundraising events and raised enough funds to purchase property located at 4512Old Court Rd, Pikesville, MD 21208 in cash in August, 2012. The property was previously a residential dwelling but the zoning classification of the property allows it to be used as a place of worship by right.
After purchasing the property, Rev. Ware says the church held two events in October 2012 at the property; a cookout and a party for the congregation. Rev. Ware says in the lawsuit that local residents complained about the gatherings, and in November 2012 the County informed the church that it could not use the property as a church.
In December 2012, the church applied an application with Baltimore County Department of Permits, Approvals and Inspection to change the use of the property from a residential dwelling to a place of worship. The County Director of the Department of Planning indicated that the County did not oppose the Petition “provided a landscape and signage plan is submitted to the department for review and approval.”
A hearing was then held on February 23rd, 2013 before the Administration Law Judge (ALW). Residents of the neighborhood also attended the hearing and raised objection to the property being converted to a church. Rev Ware says at the hearing, the residents made several comments she deemed to be discriminatory, such as one resident saying church members were “dancing and hollering like they back at their home back in Africa somewhere”, and another resident saying that church members “were out there dancing like from Africa. We don’t have that in our block.” The complaints were in reference to the two events the church held in October 2012.
In March 2013 the ALW wrote to the church informing them that the petition had been denied. An appeal to the Appeals Board was denied in October 2013, with the reason being that the property did not fully comply with all the zoning laws. A subsequent appeal in front of the Maryland Court of Special Appeals also failed.
The church then made changes to the site plan in accordance to the recommendation from previous hearings and filed a new petition, but that too was denied.
Rev Ware says local residents had an influence in the County and Appeals Board’s decisions to reject the petition. Rev Ware says the neighborhood residents have been very hostile to her and the church owing to their African heritage, with one such resident telling her “you monkeys need to go back to Africa and I will do whatever it takes to make sure you don’t stay here.” Another resident also allegedly told Rev Ware that “we can smell your stink from across the street.”
Rev Ware also says in addition to the verbal abuse from area residents directed at her and members of her congregation, the property has been vandalized at least three times. She also in one occasion found soiled adult diapers dumped on the driveway.
In the lawsuit, Rev Ware says the church’s operations have been severely hampered by their inability to move into the church they bought in cash. She also says the defendants have deprived the church of its right to freely exercise religion.
The plaintiffs, represented by attorneys Storzer & Associates, P.C., and Smith, Gildea & Schmidt, L.L.C. want the US District Court for the District of Maryland to:
- Make a declaration that the Board’s decision is void, invalid and unconstitutional on the ground that it violates the Free Exercise Clause of the First Amendment to the United States Constitution, the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, the Religious Land Use and Institutionalized Persons Act, and the Maryland Constitution;
- Issue an order reversing the decision of the Baltimore County Board of Appeals and remanding the Plaintiffs’ application for consideration and a hearing before the Board;
- Issue an order directing the Baltimore County Board of Appeals to reverse its denial of the Plaintiffs’ application and to schedule a hearing on Plaintiffs’ application;
- Issue Preliminary and permanent orders enjoining the Defendants, their officers, employees, agents, successors and all others acting in concert with them from applying their laws in a manner that violates the Free Exercise Clause of the First Amendment to the United States Constitution, the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, the Religious Land Use and Institutionalized Persons Act, and the Maryland Constitution or undertaking any and all action in furtherance of these acts;
- Grant an award of compensatory damages against Defendants in favor of the Plaintiffs as the Court deems just for the loss of its rights under the First and Fourteenth Amendments to the United States Constitution, and the Religious Land Use and Institutionalized Persons Act, and the Maryland Constitution incurred by the Plaintiffs and caused by the Defendants’ laws and actions;
- Grant an award to the Plaintiffs of full costs and attorneys’ fees arising out of Defendants’ actions and land use decisions and out of this litigation; and
- Grant such other and further relief as the Court may deem just and appropriate.
“It has been a hard road to travel but I believe God will see us through,” Rev Ware tells Mwakilishi.com.
Comments
Why can't the church sell this property and move to a commercially zoned area? I am all for praise as long as it doesn't infringe on other's rights. And, yes, the neighbor's comments are disgusting.
Nani. I agree with you 100%. Also, I was in Kenya sometime back and What used to Really Bother me was this Non-Denominational Church NEWLY opened in a RESIDENTIAL Area. It was Too Loud!!!! with too loud Singing and Blaring Loud Peakers in the Day and Night Keshas. It was so Hell(ish). And they used to Keep their HUNGRY children up to Too Late in their way! Past- Afternoon Sunday Services. It was Excruciating for the Little Ones.
Your comment is not making any sense. Are you speaking on what went on in Kenya. This is America and as American citizens we all have rights that area is zoned for residential and commercial use. The residents would need to partition that area to be residential only and move out the existing church and businesses that's already there. If not it's only fair for Reverend wear to have her church just like any other American citizens.
Mutual sentiments..stop fighting the authority's decision.start again..sell up and meet the conditions set..some fights pastor are not worth it..if you're genuine,God will vindicate !
Did you even read the complaint the area is zoned residential as well as commercial, there's already a church right at the corner of the street and there's a dentist next door to the church. so please if you make a comment know what you're talking about
Reverend Ware, Try raising the issue with ACLU and getting represented by them. Some racist and bigots are really scared of of them. You can also contact Rev. Al Sharpton at The National Action Network.
Haven't you heard the famous American saying 'NOT IN MY BACKYARD'. American oppose anything being build in their backyard eg. schools, roads, rail lines, gas line, cell-phone towers etc. People in the neighborhood go and oppose it. Zoning rules make people sweat but usikufe moyo you will succeed.
@Nani, as I read the story, me too was of the same opinion - sell the property then buy a church in the right zoning. In the first instance, Rev Ware and he congregation should have bought a property in an area where a church would be allowed; not in a residential house in a purely residential street. The fact that the street is full of ignorant and bigoted racist pigs is by itself a great incentive to sell the property and buy a church elsewhere. The law and constitution by themselves don't solve inherent social problems and bigoted hatred; unless the Rev and her congregation are prepared for a massacre the Charleston, SC style.
Discrimination (Ubaguzi) is Everywhere in the World (including Kenya) as we are speaking. She just needs to Sell the Property; and buy somewhere else. After all it was Residential Property to begin with. And what is The Point Clinging to a Place where you're PERSONA Non GRATA. Also "Tongue of Persuation" there in the US and "Hongo" here in Kenya are the same. But in the US I am told you get caught.
Some Kenyan churches make yyoo muxh unnecessary noise and they should not be allowed in residential areas. People need peace and can assure you that you can't win this one so stop claming discrimination. I used to go to visit Kenyan church in Baltimore where t he congregation was always under 50 people and the pastor would mount a chair and scream his sermon with a powerful loudspeaker making so much noise, except me no one else had a problem with this noise. Luckily it was in a commercial setting so completely empty on Sundays. So move and sy op claiming victim while victimising residents.
Wow. Multicultural. Americans also attend this church. You know people won't know your not wise unless you speak. Try educating yourself, exercise your right to the fifth amendment.
Well, if she hangs onto the property while the law suit is on she may get a settlement or a judgement in her favor, then she can sell the property with millions in her pocket
Why would a woman of God, a Pastor, go to a fight with the authorities for this? Be wise as serpents and harmless as doves, so the good book says. Why fight an unnecessary fight in the "name of God" however justified you are in this instance? Being wise means this Pastor and congregation could further improve the property and put it on the market for a profit and then move on to a more friendly environment where they won't face such discrimination. And even if they succeed in their petition, what about the haunting knowledge / feeling that your neighbors don't like you and could cause harm to you anytime? If they are for God, then they should be very comfortable and eschew this unnecessary fight coz they'll succeed beyond their imagination.....just follow advise in the Holy Book.
Further, Hosea 4:6 says,"My people perish for lack of knowledge"
I totally agree..stop the fight with authorities.!!christ objectives are not solely about a building..!!Sell and buy in the right place...Mlachake great thoughts! !
Rev....what these people don't know is that...its not you they have rejected but God Almighty the owner of the universe. ....... You will tell me where the rejectors will be after a few years down the line.........
I do feel bad for them but I wish they did a better job of assessment before buying. They're areas in the states I would not buy property in even though I have the right just due to the atmosphere and attitude of people who stay there.
Many old Churches (mainstream Churches) are selling their Churches because they do not have members. Some have less than ten members. Why can't you look for a Church that is on sale and buy it. You will not deal with zoning rules if you buy another Church.
Pastor Lucy
Continue with the fight you are in the right hand of the court.
Those who are against you will one day find theself in a more difficulty stuation than yourself keep up the fight you are with your God you pray piece
One hundred years from now, there won't be churches anywhere still functioning. Dada Ware, sell your joint and build a good school in Kenya as soon as you get your money.
How do you know? Stop false prophesy @Imara
@ Kenya,
The trend of the death of churches has already started in European countries. People are beginning to see that these joints are based on superstition.
Christianity is spreading like wild fire in Africa, South America and some part of Asia. It has been there for over 2K years and it is not going anywhere
@Kenya. You are right. This religion is spreading in the areas that you mentioned as cigarette smoking is quickly dying in European countries and spreading like wild fire in the same countries that you mentioned earlier. Think about that!
Europe is a very small continent. The most affected countries are Scandinavian countries that have very few people and their population in decreasing instead of increasing compared to 3rd world countries where population is increasing
@Kenya, what I was trying to communicate but failed miserably is that, ones people find out that religion thrives through ignorance and superstition they abandon it. The same approach to smoking: when people finally figured out the negative consequences of smoking, they made an effort to quit. More information translates to less religion. More information again translates to less or no smoking at all.
One reason why Trump won is that Christian voted for him. They did not want usa to be religion-less country where they will remove the name of God in their money etc. Religion shape the morals of people and people without good morals are vanity of vanities
@Kenya, If the so called christians were responsible for electing Donald Trump, with his sexist, and xenophobic attitudes about the minorities, we do need to ask ourselves this simple question, " What is a christian?"
Are you aware that it was a christian catholic pope, Nicholas the Fifth who endorsed the African slavery? @ Kenya, in the new testament, women are told to "remain silent in church." It is in the same new testament where wives and asked to OBEY their husbands and husbands are just asked to LOVE their wives! Obey and love are not synonyms!
Rev. Ware and your congregation, let me be brunt and tell you truth, the whole truth but the truth, about how the American system works. For one to open a bar, a church, a gambling joint, a business premises etc, the authorities have to consult the neighborhood of that area after making sure everything including zoning are well considered. If there is anything that Americans hate is noise within their residential areas, and you should have known better than that. Two, for your security and for those of your congregants, stop shindanaring with these etheist and white supremacists. Three, when Americans start issuing any form of threats in your face, as you stated, be the wise one: sell that property and do research before you put in your money in another property. I am not saying that it will happen, but if you win this discrimination suit, and you continue jumping and shouting and drumming amidst a residential area, a psycho will do something crazy and it will be "Breaking News"! Remember you are suing the county and the neighborhood, and it will not augur well with the residents. Let there be a wise congregant who understand the American psychology, and avoid this escalating tension. I have lived and worked with the Americans for decades, and the one thing they hate is being beaten in their own soil. Just saying!
thankyou for this vital input,..... the time and money she is putting fighting this is appaling ... walking away doesnt mean defeat, means being smart and avoiding catastrophy period.
na wakiambiwa stinky....it is true true...kenyans we need a wake up call about maji, na armpit head to toe.....jeeeeeez
This sounds like kenyan bullshit.The house itself looks pathetic and tells a lot about the supposed Reverend Lucy Ware.Well, She should know that Baltimore is not korogocho slums.Furthermore,she is simply looking for money in that funny looking building. She is not gonna win.Let her sell that dilapidating house and move elsewhere.Wakenya na viproject vya ujinga
haki haki lets read all the sentences on here...the fight etc etc.
am keen with the neighbour who talked about smell...stink stinker stinkiest.....are we together.
sister to sister...brother to brother....huku kuna maji mob sana sana ....harafu huko neighbourhoods kuna lakes, beaches and ocean.... take a good deep our pple.
harafu huko dollar store kuna liquid soap na ile sabuni ya panga.
kam kuna indian shop karibu kwenyu, kuna dettol soap na dettol... harafu haki kuna ile mawe ya kuoga na muratina ile ya kuoga and watu wetu kuna toothpaste.
madame ...hizi wigs weaves na braids ...lazima you wash it haki.....hakuna kuweka 6months without a rinse.. unanuka
after kuna deodrant ....jeeeeeeez sugua armpit, night before oga na upake ...in am wash again and apply deorant..
please deodrant weka tiniest you can behind the ear, behind knee and hapa kwa mkono.
sugua menno in am/midday and before bed.
floss btwn teeth, see dentist often.
if u got teenagers, both boys and girls... make sure wanaoga and apply deodrant everyday before and after school.
weekends: plse shower and clean your beddings and hse
this is something i have talked to many in school setting and to extent at work na macollegue wakenya
some of us aki...utajua mtu ni mwafrica from the smell eminating from the halways ...come on
do not try come after me...
just go after the friends you smell when they come near you and ask them they are shaming all of us
and you know that laundry machine it does really well with sneakers wash.
harafu them drying towels gosh .....harafu bathrooms plse that heater location there is purpose...put it on to dry the tabwater and smell will be kaput..
i feel wierd now
Way to go reverend.. stand her up for your rights.. bob Marley once said that.. economic refugees are in Kenya as well and we should learn to live with another