Justice Department Supports Christian Group’s Lawsuit to Preserve Homeless Ministry

A homeless man sleeps in the shade of a bus stop in Santa Ana, Calif., on May 10, 2022. (John Fredricks/The Epoch Times)

The U.S. Department of Justice recently issued its support for a Christian organization in its lawsuit against the city of Santa Ana—which, the group claims, is preventing them from providing food and drinks to the city’s homeless.

At the heart of the issue is the city’s denial of an occupancy certificate to Christian organization Micah’s Way, saying its distribution of food and drink to the homeless is in violation of the city’s zoning ordinance.

Micah’s Way, 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 the suit, the group explained their ministry is based on 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.”

After denying the certificate, the city informed Micah’s Way that it could not feed the homeless and if it continued, the organization would be subject to fines and potential criminal prosecution.

The city hall of Santa Ana, Calif., on Jan. 30, 2023. (John Fredricks/The Epoch Times)

The Justice Department’s statement of interest, filed May 9, suggests 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 Justice 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 in 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 homeless encampment off Ross Street in Santa Ana, Calif., on May 10, 2021. (John Fredricks/The Epoch Times)

The city filed a motion to dismiss the complaint in March, arguing that distributing food and drinks to the homeless is not religious exercise and that the city’s actions did not substantially burden the organization’s religious exercise.

A hearing on the city’s motion to dismiss the lawsuit is scheduled for June 5 before U.S. District Judge David O. Carter.

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