Cities Wage War On Churches Feeding The Homeless Just In Time For Thanksgiving

Local governments across the country are using niche regulations to pursue legal action against churches that have long provided aid to the needy in their communities.

These legal fights drain churches of years and capital, while those who depend on their charity face holidays cold and hungry. (RELATED: Thanksgiving Is Dying, One Turkey-Free Dinner At A Time)

For 15 years, City Church in Fairfield, California, has offered food, shelter, job training, medical care and addiction recovery programs to its community. But a week before Thanksgiving last year, the city told the church it must pay thousands of dollars in fines and penalties before resuming services, according to the church’s attorneys at the Pacific Justice Institute.

City officials had encouraged the church’s work for years, even sending the needy to its door — until the church’s pastor, Scott Mulvey, decided to run for city council in 2022, the attorneys said.

Only then did the city start sending police and code enforcement officers to the church, leading to numerous alleged violations and forcing the church to spend $150,000 on repairs to meet local regulations.

In 2024, Fairfield shut down the church’s free medical clinic and ordered those staying on property to leave. At least four of the church’s residents have died since being sent back to the streets, according to the attorneys, a number expected to rise as winter approaches.

A homeless man sits beside his belongings on the streets in the Skid Row community of Los Angeles, California on April 26, 2021. (Photo by FREDERIC J. BROWN/AFP via Getty Images)

Fairfield now requires City Church to pay over $300,000 in fines and complete an extensive Conditional Use Permit to restart its medical care and training programs. The church continues to provide food to the hungry.

Brad Dacus, founder of Pacific Justice Institute, called the case “one of the most egregious examples we’ve seen of a city putting political retribution over people’s lives.” But it’s just one of many similar cases occurring across states of all political stripes.

A similar battle is emerging in Texas.

Republican Attorney General Ken Paxton announced Monday he is suing the Texas Department of Housing and Community Affairs for allegedly “discriminating against Christian groups and other religious organizations.”

Paxton alleges the department has been enforcing unconstitutional rules that restrict such organizations from receiving federal and state funding for homeless and low-income programs by conditioning access to public benefits on organizations censoring their faith.

“State agencies have no authority to force Christians and other religious organizations to censor their beliefs just to serve their communities,” Paxton said. “Constitutionally protected religious liberty must be upheld in Texas and across the country.”

WASHINGTON, DC – MARCH 20: Texas Attorney General Ken Paxton attends the executive order signing ceremony to reduce the size and scope of the Education Department in the East Room of the White House on March 20, 2025 in Washington, DC. (Photo by Chip Somodevilla/Getty Images)

While it’s too early to see how the Texas case will turn out, many other churches lost their fights this year.

A February U.S. District Court ruling sided with the city of Burien, Washington, dismissing claims from the Oasis Home Church that challenged the city’s demand for a temporary use permit on religious grounds, according to the B-Town Blog.

The church had sought an exemption to continue operating in Sunnydale Village, which housed more than 60 people in its parking lot until February 2024, KUOW reported. At the time, Burien had almost no shelter beds available. (RELATED: The Bureaucratization Of Everything Hitting Americans Where It Hurts The Most)

“Without this, that’s kind of a step backwards,” one villager told the outlet. “Without a safe, sturdy spot, I’m not entirely sure what’s going to come next.”

In Montrose, Colorado, the United Methodist Church was found guilty on four of five counts after allowing the homeless to camp on its property, Colorado Public Radio reported in early November. The church was fined $1,000, given two years of probation, and is expected to face additional charges, the outlet separately reported.

Montrose’s legal barrage followed the city’s near-winter crackdown on the homeless population, resulting in near-daily citations against the church for allegedly violating zoning ordinances and creating a nuisance.

“I’ve heard the argument: ‘Well, these are just petty offenses … why bother?’” Assistant City Attorney Matthew Magliaro told CPR. “That argument is both ignorant and wrong.”

In Toms River, New Jersey, the city’s zoning board rejected plans by Christ Episcopal Church to build a 17-bed overnight homeless shelter on its property in June. The city also planned to knock down the church itself to build a community park, according to Asbury Park Press.

But after a petition signed by more than 9,000 people and over $24,000 raised to fight the township’s plan, the eminent domain effort stalled.

“I think it’s a good idea. It’s a good purchase,” Mayor Dan Rodrick told the Press, adding that he was surprised the church wasn’t keen on selling. “But in the absence of that, I want to be sure that the people in the community support building a playground.”

Some homeless shelters, however, were allowed to continue operating as legal battles move forward.

Pastor Chris Avell started Dad’s Place, a 24/7 homeless shelter in Bryan, Ohio, in March 2023. By year’s end, Avell faced nearly two dozen criminal charges for allegedly violating city codes. In January, Avell was fined $200 and given a 60-day suspended jail sentence, his attorneys said.

The shelter was opened as an alternative to the full homeless shelter across the street. “The ministry of the church is not confined to Sunday morning at 11 a.m.,” Avell said. “We welcome anyone to experience the love and truth of Jesus, regardless of the time of day.”

After more than two years of legal back-and-forth, Ohio’s Sixth District Court of Appeals reversed an injunction that had closed Dad’s Place, allowing Avell to continue offering shelter as the trial moves forward.

“With Thanksgiving around the corner, we are thankful for the court’s careful attention to the facts and the law in this case,” said Brad Hubbard, an appellate partner at Gibson Dunn. “Religious exercise — including serving the most vulnerable at their time of greatest need — deserves the highest protection afforded by the law.”

Pastors across the country are being criminalized for their compassion. Pastor Chris Avell was hit with 19 criminal charges simply because he keeps the doors of his church open to the vulnerable in his community.

Thank you, @RealJackHibbs and @calvarycch, for having us. pic.twitter.com/xC5mp3HgoC

— First Liberty Institute (@1stLiberty) October 18, 2025

While Dad’s Place is looking up, the fight by Gethsemani Baptist Church in San Luis, Arizona, just settled with the city after years in court. Gethsemani Baptist Church had been distributing food to nearly 300 families across Yuma County for 25 years, filling a gap in city services, according to First Liberty, the law firm representing the church.

The city of San Luis had previously provided the church with storage space and granted funds for its efforts. But that all changed after the election of a new mayor in late 2022.

Soon after taking office, the city council sent letters to the church’s pastor demanding that the church end its food deliveries or face heavy fines. Pastor Jose Castro slowed the deliveries but still received several citations and a threat of criminal charges, leading him to pause food deliveries altogether.

This case affects everyone! People in the San Luis area are going to bed hungry because of the mayor’s lack of cooperation. We will continue to fight for Gethsemani Baptist Church and #ReligiousFreedom for all Americans. pic.twitter.com/WP8zE2Kxr4

— First Liberty Institute (@1stLiberty) April 20, 2024

In November 2024, the U.S. District Court of Arizona denied the city’s motion to dismiss. After another year of negotiations, the parties reached a settlement allowing the church to continue its ministry to the poor.

“I am thankful to God that I can continue serving my community,” Castro said. “We hope to continue being a blessing to San Luis for many years.”

Representatives of churches across the nation pointed to the First Amendment, saying they were merely fulfilling their right to freely practice Christianity as taught by Jesus of Nazareth.

Many also cited the Religious Land Use and Institutionalized Persons Act, which Congress passed to protect churches in land-use disputes. The law prohibits zoning and landmarking laws that substantially burden religious exercise absent the least restrictive means of furthering a compelling governmental interest, according to the Justice Department.

The regulations and legal proceedings in each case vary drastically. But the result is clear: due to local government enforcement, several churches won’t be providing shelter to the cold this winter or food to the hungry this Thanksgiving.