Lawsuit Challenges Zoning to Limit Church Soup Kitchens

Local residents of Brookings, Oregon say a local church's meal services during the pandemic were attracting crime and vagrancy, so the city passed a zoning ordinance that limited the number of days the church could serve meals to two a week.

1 minute read

February 2, 2022, 11:00 AM PST

By James Brasuell @CasualBrasuell


An aerial image of the city of Brookings, Oregon, a small town located on the Pacific Coast.

Brookings, Oregon, located on the Pacific Coast, just north of the Oregon-California border. | Manuela Durson / Shutterstock

"An Oregon church is suing the city of Brookings, Oregon, over limits the local government has imposed on how often it can serve free meals to the poor," according to an article by Christian Britschgi for Reason.

Last year, the city implemented zoning changes that limit churches in residential-zoned areas to serving meals only two days a week and require churches to acquire city permits to operate soup kitchens. Alex Hasenstab reported on the new law for OPB in October 2021.

"A federal lawsuit filed Friday by St. Timothy's Episcopal Church argues that Brookings' regulations on 'benevolent meal service' unconstitutionally restrict its religious mission to feed the hungry," explains Britschgi.

While a planner might reasonably question whether Brookings has run afoul of the Religious Land Use and Institutionalized Persons Act, the lawsuit cites the First Amendment to claim that the law is impeding the church's ability to practice its religion.

Britschgi has been covering the controversy since the city passed the law in October. "The city says that the new ordinance was crafted in response to concerns raised by neighbors near the local St. Timothy's Episcopal Church about the crime and vagrancy that its homeless services were bringing to the surrounding area," wrote Britschgi at the time.

Monday, January 31, 2022 in Reason

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 10, 2025 - Diana Ionescu

A line of white wind turbines surrounded by wheat and soybean fields with a cloudy blue sky in the background.

Wind Energy on the Rise Despite Federal Policy Reversal

The Trump administration is revoking federal support for renewable energy, but demand for new projects continues unabated.

April 15 - Fast Company

Red and white Caltrain train.

Passengers Flock to Caltrain After Electrification

The new electric trains are running faster and more reliably, leading to strong ridership growth on the Bay Area rail system.

April 15 - Office of Governor Gavin Newsom

View up at brick Catholic church towers and modern high-rise buildings.

Texas Churches Rally Behind ‘Yes in God’s Back Yard’ Legislation

Religious leaders want the state to reduce zoning regulations to streamline leasing church-owned land to housing developers.

April 15 - NBC Dallas