Zoning Against Religious Freedom and Freedom of Assembly

Written by commonsensejournal on May 13th, 2006

In Bedford County, Virginia, a group’s constitutional right to freedom of religion has been curtailed. According to an article in the Bedford Bulletin, Garland Simmons has a “Cowboy Church” meet at his place.

Simmons was notified by Bedford County officials that the Cowboy Church meetings violate county zoning regulations.

“I got the notice certified through the mail, Monday morning,” Simmons said.

The notice consisted of two letters. One was from Gary McIver, the county’s building official. McIver wrote that, by hosting the Cowboy Church on his property, Simmons is using it in a manner contrary to its agricultural (AR) zoning.

He also wrote that the building in which the Cowboy Church is being held, is defined as a farm building by the Virginia Uniform Statewide Building Code. The Cowboy Church constitutes a change of use for the building.

“We are all in agreement that this event is a worthy and admirable cause,” McIver wrote.

However, he wrote that it is an unpermitted change of use for the property.

The other letter was from Lindsay Blankenship, a planner in the county’s department of planning. It directs Simmons to “obtain the necessary permits for the establishment of a Religious Assembly” on the property by May 28.

“I don’t think it’s the county,” commented Simmons. “It’s somebody that is against religion or against me.”

The Rev. Raymond Bell, the Cowboy Church’s pastor, agrees that somebody has filed a complaint with the county.

Simmons has retained Robert Wandrei, a Bedford attorney, to represent him. Wandrei said that they plan to try to talk to county officials and get a resolution. Wandrei noted that Simmons has a right to appeal the county’s decision.

County Attorney Carl Boggess said that the county has received an appeal from Simmons.

Meanwhile, the Liberty Counsel has contacted Bell. According to Liberty Counsel’s Web site at www.lc.org, the organization offers free legal representation to people whose civil liberties have been denied. Bell said the organization called him Friday evening and he agreed to accept their offer of representation.

others blogging: Dunker Journal, Boar’s Head

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