Court rules City is not responsible for lost contributions. San Leandro won a partial victory on August 20th in its ongoing legal battle against the Faith Fellowship Four Square Church. A federal judge ruled that the City is not liable for the contributions the Church alleged it has lost by not being able to grow its congregation. Faith Fellowship had been rapidly growing through 2006, when they reached the limit of how many people their existing facilities could accommodate. They bought a much larger property in the industrial area of town, but the City stopped them from using it as [Continue Reading]
Faith Fellowship v. SL case
Proposed Amendments to the Zoning Code would ban recreation and entertainment from the industrial area – but would allow “adult businesses” to continue. Ban likely to be unconstitutional and won’t help with the Faith Fellowship lawsuit. If Meyers Nave, the law firm that represents the City of San Leandro, gets its way, strip bars and peep shows could flourish in the industrial area of San Leandro. But theaters, cinemas and recreational venues would not be welcomed. Shakespeare would be OK, but only if all the actors were nude and got frisky with one another. At its next meeting, the City [Continue Reading]
Committee Members ask few questions, make fewer comments, decide to pass the buck back to the City Council. Thursday afternoon, the San Leandro City Council’s Rules and Communication Committee met to discuss the staff (read city attorney’s) proposal (read intense push) to amend the Zoning Code to ban entertainment and recreational use in industrial areas of San Leandro. As one of the City’s attorneys made clear last week, the reason for the ban is to help on the lawsuit against Faith Fellowship. Every single non-staff speaker at the meeting: community members, the Chamber, business owners and yours truly spoke against [Continue Reading]
It’s an Acknowledgement that they Violated Faith Fellowship’s Constitutional Rights but… is it good Public Policy? Unfortunately it seems that most of my analysis below was right. Read this short update about the Tuesday night City Council meeting. Do you want to open a wrestling venue in the industrial area of San Leandro? How about a comedy club, a lecture hall, a dance school offering recitals, a skating ring, something new and fun and family friendly? Right now, all you have to do is get a conditional use permit and you’re free to go. But if you want to open [Continue Reading]
Today (Oct. 3, 2011), the US Supreme Court denied certiorari on the City of San Leandro vs. Faith Fellowship case. As it is its practice, the Supreme Court did not provide a reason for this denial. What this means is that if this case it’s not settled, it will go on to trial. The jury will then have to decide basically whether the Church could have acquired another property in a residential-zoned area of San Leandro that would have suited their purposes. Former city manager Jermanis said in his deposition that it couldn’t. In my opinion, it’s quite likely that [Continue Reading]