New Virginia Ordinance Targets Homeless, Criminalizes Churches Offering Cold-Weather Shelter

Editor’s note: We have previously covered the criminalization of homelessness on multiple fronts.  Our conversation with Professor Edelman gave some details of the problem.  Our interview with Ron Hall provided some perspective on the homelessness crisis and what homeless people actually need.  We also reviewed the movie No Address, which shows homelessness from a direct experience perspective.  And finally, in Oregon, where SCOTUS recently decided that a $250 fine for a homeless person for sleeping on the streets or in a park was perfectly reasonable – despite the fact that homeless people have no income with which to pay such fines.  

LOUISA, Va. — The Rutherford Institute is urging Louisa County officials to amend a proposed ordinance that could place roadblocks in the way of churches providing life-saving shelter to the homeless on cold nights.

In a letter to the Louisa County Planning Commission and Board of Supervisors, Rutherford Institute attorneys warned that requiring churches to obtain a conditional use permit before opening their doors to those in need risks violating constitutional and statutory protections for religious freedom, including the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Virginia Religious Freedom Restoration Act (VRFRA). This local dispute mirrors a troubling national trend in which cities and states are increasingly passing laws that make it harder for the homeless to survive in public spaces — and for churches and nonprofits to help them. Civil liberties advocates have warned that such measures not only criminalize homelessness but also punish compassion.

“When temperatures drop and lives are on the line, bureaucracy should not stand in the way of compassion,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “We’ve seen a disturbing national push to criminalize homelessness and penalize those who try to help. Louisa County should not be part of that trend.”

A proposed zoning amendment being considered by the Louisa County Planning Commission and Board of Supervisors would classify “humanitarian shelters” as facilities providing temporary shelter and basic services without leases or occupancy agreements. Property owners—including churches—would be required to secure a conditional use permit (CUP) by meeting multiple operational requirements before offering refuge. However, The Rutherford Institute notes that under existing County ordinances, “religious assembly” use already allows churches to provide care and shelter on a temporary, non-continuous basis without such permits.

In its letter to the Louisa County Planning Commission and Board of Supervisors, Institute attorneys outlined three major concerns with the proposed amendment:

• Unnecessary barriers—The CUP process would impose delays, costs, and red tape on ministries already permitted to offer temporary shelter;
• Legal risks—The requirements risk violating federal and Virginia constitutional protections, as well as statutes such as RLUIPA and the Virginia Religious Freedom Restoration Act, which could expose the County to costly litigation; and
• Human cost—Burdening or deterring these ministries could leave residents without safe refuge in dangerous weather.

Pointing out that there is no legal, moral, or practical justification for the County to risk costly litigation at the expense of its taxpayers by burdening the churches’ free exercise of religion, The Rutherford Institute is calling on Louisa County to revise the proposed ordinance to explicitly recognize that “religious assembly” use encompasses temporary humanitarian shelter, and that no CUP is required for churches operating within that scope.

The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Banner Image:  This statue is outside of the Christ Church Cathedral in Dublin, Ireland. It depicts Jesus as a homeless person sleeping on a bench outside the church, and it serves as a reminder that Christ identified with the poor and broken on the margins of society. Image Credit – Randall Greene