The Capistrano Insider

Capistrano Makes the Wall Street Journal ... but it's not Good

The case of San Juan Capistrano verses Chuck and Stephanie Fromm -- the couple cited for hosting Bible studies in their home -- made the Wall Street Journal's online edition.

The article is pretty straightforward and notes the case has been settled, with fines dropped and the city re-examining their zoning codes.

But the interesting part? The comments -- especially those in which people say "there must be something missing, this can't be true..."

Here's the link: WSJ Fromm Story

Congratulations Capistrano, You've Made Time

 

Time Magazine, that is.

But, predictably these days, not in a good way.

The national news magazine picked up on the Bible-study fines, and wrote a piece about it. Here's the beginning:

The city of San Juan Capistrano, Calif., has resorted to fining a family for holding Bible studies in their home as a violation of zoning codes.

Sure, Chuck and Stephanie Fromm technically don't follow the city's proper permit channels by not gaining a conditional use permit to host a home Bible study. But neither does hardly anyone in the city, since the city code requires a permit for any nonprofit or fraternal group expecting three or more people gathering in a residential situation. That happens just about every weekend all across the city, from friends getting together for barbecues to weekend football-viewing parties to, well, the Fromms' Bible study. But the Fromms now have a pair of $300 fines to show for their effort.

Note to City: The media gets it: The issuing isn't whether you "prohibit" Bible studies, as your statement says, it's about the permits and process, etc.

Here's the rest of the post.

Stephanie Fromm, who was cited with her husband Chuck, even commented on the post:

"to fill in some of the info you all are possibly not aware of...

We are being fined for holding ANY "meetings/gatherings" of ANY size larger than 3 people on a "regular" basis. I have 5-6 ladies over on wednesday afternoons, 10-15 people(not cars) on thursday evenings. This does not bother any of my other 6 neighbors on my street (with houses on one side of the street).
The real issue is: when do I have to declare what we do in our home when we have friends & family over! A "conditional use permit" can cost thousands of dollars. We pay our property taxes, isn't that enough?"

How San Diego Handled a Home Bible Study Issue: They Talked it Out

The issue of Chuck and Stephanie Fromm getting cited for having a home Bible study isn't new, of course.

And while city officials are quick to say "we don't prohibit home Bible studies," they don't add that "we just require permits." Or even worse, "We're not sure when something is a regular meeting and would require a permit...."

The city's code is vague, saying only "religious, fraternal and non-profit" uses require a permit. It doesn't even say "regular uses" or "frequent uses."

And this bit about more than 50 people constitutes a "public gathering place" is a bit of a red herring -- the Fromms were cited under the above code, nothing about "public gathering places." And again, even if it was 10 people, the code seems to say they need a permit. Probably. Maybe. Most likely.

Oh, and this covers the association club house, too. So if you're having your HOA meetings in your HOA clubhouse, I suspect that's a violation.

So the city couches it as a land-use issue -- parking, etc. Maybe is that, but doesn't that just open the door to all sorts of things? It's a public street, so why would the city get involved if cars are parked legally on a public street for two hours on Sunday?

There's laws against blocking driveways and littering, so if THAT's the problem, why not ticket the offenders?

There's no noise coming from the Fromm home, so that's not the issue. But if it was, there's ordinances for that, too.

But this is the sort of dispute that happens everywhere. I found an example on Snopes (of all places) that seemed particluarly on point (for all you lawyers out there.)

From www.snopes.com:

In 2009, a couple (a pastor) in Bonita, San Diego County were cited for holding regular Bible studies in their home. They were told to apply for a permit. When a lawsuit was threatened and folks complained, the county backed off and said they were talking with the couple to find a resolution, and meanwhile the Bible studies continued.

This, from Sign On San Diego, could have been written here, today -- just change the name to Fromm:

Chandra Wallar, the county's general manager of land use and environment, said the county has re-examined the situation and decided that the Joneses don't need a permit after all.

Religious assembly, under the county land-use code, is defined as “religious services involving public assembly such as customarily occurs in synagogues, temples, and churches.”

Wallar said that definition, which doesn't spell out specific thresholds on when a religious gathering becomes a religious assembly, probably needs to be clarified and that more training may be warranted for code enforcement officers.

She said the county was not targeting the Joneses because they were exercising their religion, but rather it was trying to address parking and traffic issues.

“We've advised the pastor he has the authority to continue to hold his meetings just as he's held them,” Wallar said. “My hope is we will be able to resolve the traffic concerns.”

Wallar said the person who filed the complaint alleged that Bible study was drawing 30 to 40 cars.

 

Los Angeles Times Picks Up Capistrano Bible Study Dispute

From the Los Angeles Times:

A San Juan Capistrano family has been fined for holding regular Bible studies in their home in violation of the city's zoning code.

A religious legal nonprofit group has taken up the family's cause, calling it a case of religious freedom.

The city of San Juan Capistrano has fined Charles and Stephanie Fromm $300 for their regular Bible study groups, according to a statement from the Sacramento-based Pacific Justice Institute.

The couple appealed the fine and was told subsequent fines would be enhanced if they continued holding the study group without a conditional use permit -- a specialized permit allowing the activity under prescribed conditions, according to the statement.

City spokeswoman Cathy Salcedo declined to be interviewed by The Times. But in a brief email, she was emphatic the city does not prohibit home Bible studies.

Instead, the Fromms' case, she wrote, is about when a residential area has been transformed into a place where people regularly assemble.

See the entire post here.

The story has also been picked up by Fox Business News, Channel 2 and KKLA radio, as well as a host of Christian publications.

Complaints about Capistrano Bible Study Case Come from Around the World

San Juan Capistrano city officials are getting an earful about the citiations issued to Chuck and Stephanie Fromm for holding a Bible study in their Mission Hills home.

Letters have come from across the country, and even from Australia. There's also a letter in there, however, that says it's more than a Bible study, but a church service led by Chuck Smith Jr., whose father, of course, started Calvary Chapel.

In response, the city issued a statement:

"Notwithstanding what various media outlets are reporting, the City of San Juan Capistrano does not prohibit home Bible studies.  The issue with the Fromm case involves the question of when a property developed for residential use has been transformed into a place of public assembly.  As you might know, zoning and building codes treat residences differently than places of public assembly because of public welfare and safety reasons.  The Fromm case further involves regular meetings on Sunday mornings and Thursday afternoons with up to 50 people, with impacts on the residential neighborhood on street access and parking."

The Capistrano Dispatch immediately emailed back to ask what made a Bible study a Bible study, and what made a home a "place of public assembly" but the question was ignored by the city spokeswoman, Kelly Tokarski. The city code doesn't seem to make the definition, nor set a limit for attendees or anything like that.

Here are the letters: Download 11-0919 Bible Study Letters Rec'd