By Michael Gryboski, Editor Monday, November 03, 2025

A judge has rejected a religious freedom defense from a Colorado church seeking to maintain a homeless shelter on its property as it faces a series of zoning violations. 

Montrose United Methodist Church has been embroiled in a legal dispute with city officials over hosting a shelter for unhoused individuals on the property.

Montrose Municipal Court Judge Thomas LeClaire ruled last month to block the church from using the Religious Land Use and Institutionalized Persons Act as a legal defense.

"Defendant's intended use of RLUIPA in this case is both novel and unprecedented. The Court is unable to find a single case or line of authority in which a civil statute has been used to create an affirmative defense in a criminal case," ruled LeClaire, as quoted by Colorado Public Radio.

"In particular, the Court has found no case in which this statute was asserted in a criminal case. Moreover, the usage of this statute would be outside the jurisdiction of the Municipal Court and the limited adjudicative authority granted to this Court."

Last November, the Montrose City Council passed an ordinance banning people from camping on public property and limiting their allowance on private property.

As a result, Montrose UMC has seen a sharp increase in homeless individuals staying on its property, which, according to the city, has led to a series of zoning violations.

City officials filed an emergency abatement in court to try to shut down the shelter, but Municipal Judge Erin Maxwell ruled against their request in February.

"It's hard not to be overly happy," said Paul Zaenger, a church member and spokesperson, shortly after the ruling, as quoted by 9 News. "I mean, it's a relief because you kind of come to know these people. For now, it is good news."

"In Montrose, we're not meeting the needs for people that are most desperate in our world, most desperate in our society, so there's much more work to be done."

However, weeks later, Maxwell was fired by the city during a midday special meeting that was held in March. Montrose City Manager Bill Bell denied any link between the ruling and the dismissal.

"We had some communication issues and understanding roles and responsibilities in the way of setting salaries and wages, where we had a disconnect," Bell said to 9 News back in June.

"This decision wasn't made at all about the Methodist Church issues. … We don't get to dictate how the judiciary decides on these matters."  

News Source : https://www.christianpost.com/news/judge-blocks-churchs-religious-freedom-defense.html