By Jeremy Selweski
C & G Staff Writer

FERNDALE — On Dec. 2, an Oakland County Circuit Court judge was to decide whether the city of Ferndale acted properly in allowing the South Oakland Shelter to move its administrative offices to a vacant church building in the city.

Judge Denise Langford Morris will hear oral arguments from both parties before determining the fate of a case that has stirred controversy in Ferndale since the beginning of the year.

The squabble escalated in May when a group of eight residents opposed to the shelter’s relocation — who formed an organization called the Zoning Integrity Protection (ZIP) Association of Ferndale earlier in the year to formally express their opposition — filed a lawsuit in circuit court disputing the city’s handling of the case. In April, the Ferndale Board of Zoning Appeals had voted to grant SOS permission to move into a 6,000-square-foot former school building at the First Baptist Church of Ferndale, 1841 Pinecrest Drive.

According to City Attorney Dan Christ, Ferndale is maintaining that the BZA acted according to the law with its decision, which was later confirmed by the City Council when it approved SOS’ special land use application in August.

“The city is taking the position that the proposed use of the applicant (SOS) is an accessory use to the church’s primary use of religious worship,” he said. “The judge will have to grapple with the option of whether helping the homeless is closely related to the religious purpose of the church. The issue for the judge is essentially, ‘Did the BZA do its job correctly in evaluating the special land use request?’”

Robert Carson, the attorney representing ZIP in the case, could not be reached for comment despite multiple phone calls.

The case took a further twist two months ago, when the American Civil Liberties Union entered the fray on behalf of the First Baptist Church. On Sept. 23, the ACLU filed a friend-of-the-court brief in circuit court arguing that by not allowing SOS to relocate its offices to Ferndale, the city would have been infringing upon the church’s religious freedoms according to the federal Religious Land Use and Institutionalized Persons Act (RLUIPA).

According to Michael Steinberg, legal director for the ACLU of Michigan, “Had Ferndale denied that (special land use) permit request, they would have violated religious rights and opened the city up to liability under RLUIPA. It would have been discriminating against the church’s religious duty to help the poor.”

Steinberg also contended that ZIP’s argument that the proposed site for SOS is located in a residential district rather than one zoned commercial is weak considering that there is a Payless shoe store situated in the lot immediately to the south of the church, at 1100 W. Nine Mile Road.

Since the debate began in January, SOS supporters have contended that the organization’s mission of serving the homeless is fully consistent with that of the First Baptist Church. They also point out that SOS can only help a maximum of 30 clients at any given time, many of whom are children, and the shelter does not accept alcoholics, drug addicts or people with a history of violent crime.

However, members of ZIP and other Ferndale residents have argued that housing a nonprofit group like SOS near a residential neighborhood is a violation of the city’s zoning ordinance. They have also expressed concern that the presence of SOS could cause an increase in crime and a decrease in property values in the immediate area.

You can reach Staff Writer Jeremy Selweski at jselweski@candgnews.com or at (586) 218-5004.