Federal Judge Denies Santa Ana’s Bid to Dismiss Lawsuit by Christian Group Helping Homeless Through ‘Religious Exercise’

A homeless encampment in Santa Ana, Calif., on Oct. 5, 2021. John Fredricks/The Epoch Times

A federal judge earlier this month rejected the city of Santa Ana’s request to dismiss a lawsuit against them by a Christian nonprofit organization, which claims the city is blocking religious exercise by preventing them from providing food to the homeless.

At issue is the city’s denial of an occupancy certificate to the nonprofit—called Micah’s Way—saying its distribution of food and drink to the homeless is in violation of the city’s zoning.

The organization, which has operated in Santa Ana for 15 years, filed a lawsuit in January claiming the city is blocking them from fulfilling their faith-based mission to feed the needy.

In a June 8 ruling, U.S. District Court Judge David O. Carter rejected Santa Ana officials’ March motion to dismiss the case, saying Micah’s Way has supplied enough facts to “plausibly allege that its food distribution activities are religious exercise.”

“Micah’s Way points to both Scripture and a general religious duty to perform food distribution,” the judge wrote, noting that the nonprofit cited in its lawsuit the scripture Matthew 25:35-40, which states, “For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink … whatever you did for one of the least of these brothers and sisters of mine, you did for me.”

Additionally, the judge wrote that the nonprofit has “plausibly [alleged] the city has put ‘substantial pressure’ on it to ‘modify [its] behavior and to violate [its] beliefs.’”

After the city denied Micah’s Way’s occupancy certificate last year, the city issued a citation and informed the nonprofit that it could not feed the homeless and that if it continued, the organization would be subject to fines and potential criminal prosecution.

Carter’s ruling said the city’s actions showed “clear selective enforcement of the city’s zoning law targeting only conduct motivated by religious belief.”

“Not only was Micah’s Way misled to believe that they would get a [Certificate of Occupancy permit] upon passing a building inspection and assured by the Code Enforcement Department Chief that they were doing a ‘good job,’ but the city waited five years to cite Micah’s Way for operating without a permit they never had in the first place,” the judge stated.

Christian nonprofit Micah's Way in Santa Ana, Calif., in January 2023. Screenshot via Google Maps

Carter further stated there is evidence that the citation was issued after city leaders ordered staff to find a way to get rid of the nonprofit.

“The sudden, coordinated effort to target Micah’s Way makes it plausible that the city’s decision was arbitrary,” Carter wrote.

The federal judge’s dismissal comes after the U.S. Justice Department filed a statement of interest last month in the case suggesting Micah’s Way could be protected under a federal law which protects religious institutions from discrimination in zoning and landmarking laws.

Assistant Attorney General Kristen Clarke of the department’s Civil Rights Division said in a May 10 statement that religious groups should be able to freely practice faith based on their beliefs.

“Discriminatory barriers and land use restrictions against faith-based organizations is unlawful,” Clarke said. “Many faith-based organizations across the country are on the front lines serving the needs of people experiencing homelessness.”

In the same statement, U.S. Attorney Martin Estrada called the free exercise of religion “a bedrock principle of our nation.”

“Religious groups should be entitled to exercise their religion by providing charitable services based on their religious beliefs,” Estrada said. “Our office firmly opposes actions that block religious groups from carrying out their spiritual mission to help others in need.”

A spokesperson for the city of Santa Ana was not immediately available for comment.