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Avalanche-Journal (Lubbock, TX) - Post, TX Ordinance Rewritten in Christian Ministry's Favor
February 2, 2010
by Alyssa Dizon, Avalanche-Journal, Lubbock, TX
For Mike Holly, faith can not only move mountains, but it can change zoning ordinances as well.
Holly, founder and president of Unchained Life Ministries, a biker prison ministry, was in the midst of purchasing the Tower Theater in downtown Post for his organization when a city zoning ordinance obstructed his plans. The theater would be used for office space and for youth and community outreach programs, including movie screenings, concerts and conferences.
According to the Post Code of Ordinance, “Any uses permitted in any of the R districts except that no building, either originally erected or subesequently utilized for commercial purposes may be rehabilitated or utilized for church purposes.”
At a public hearing Jan. 22, the council decided to reword the ordinance instead of granting a variance.
Holly said he had his doubts about a rewritten ordinance and whether he could still buy the theater.
“I didn’t want to spend the money given to us for God’s purpose and not use it for God’s purpose,” he said
But, Holly didn’t give up. He requested legal representation from the American Center for Law and Justice, a non-profit organization based in Washington, D.C., who defends religious liberties.
Wesley Southerland, an ACLJ litigation counselor, sent the council a letter explaining how the ordinance violated the 2000 Religious Land Use and Institutionalized Persons Act (RLUIPA). In his letter, Southerland said RLUIPA is a federal law that “(protects) religious assemblies and institutions from land use regulations that interfere with their religious exercise.”
At a special meeting Monday, the council announced it had omitted the exception from the original clause. The ordinance now reads: “Any uses permitted in any of the R districts shall be permitted.”
“It was a win-win for everybody — the city staff did it the right way and did the right thing for the public,” said Arby Taylor, Post city manager. “It was in the council’s best interest not to grant the variance...as long as due diligence is done, everybody wins.”
Taylor said the council made the changes when their legal team discovered the ordinance violated RLUIPA.
“The law was wrong and the wording was wrong,” he said. “We were compelled legally to make a change to the ordinance.”
If the council had not made these changes, Southerland said his organization would have filed suit against the city of Post.
“I definitely applaud the council in changing their ordinance,” he said. “We’re pleased with the outcome and cooperation of the council in realizing fallacies in the previous ordinance.”
With the new ordinance in his favor, Holly said all that’s left is buying the theater. In late December, he terminated the original contract with the owner of the theater, but re-entered the contract following the council's public hearing last month.
“I believe God’s behind this, and we’re standing strong,” he said. “I hope to show people that it's a good thing for the downtown area."

The ACLJ is an organization dedicated to the defense of constitutional liberties secured by law.

American Center for Law and Justice is a d/b/a for Christian Advocates Serving Evangelism, Inc., a tax-exempt, not-for-profit, religious corporation as defined under Section 501(c)(3) of the Internal Revenue Code, specifically dedicated to the ideal that religious freedom and freedom of speech are inalienable, God-given rights. The Center's purpose is to educate, promulgate, conciliate, and where necessary, litigate, to ensure that those rights are protected under the law. The organization has participated in numerous cases before the Supreme Court, Federal Court of Appeals, Federal District Courts, and various state courts regarding freedom of religion and freedom of speech. Your gift is very much appreciated and fully deductible as a charitable contribution. A copy of our latest financial report may be obtained by writing to us at P.O. Box 450349, Atlanta, GA 31145-0349.