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E-mail This StoryA 50-member Vietnamese Baptist Church filed a lawsuit against the City of Plano for denying them occupancy in their recently-purchased church.
The city passed an ordinance in the 1980s that states all churches located in a residential area must sit on two acres of land.
“No city should have a rule that specifically bans churches and synagogues,” said Kelly Shackelford, Chief Counsel for Liberty Legal Institute, the religious freedoms organization representing Plano Vietnamese Baptist Church. “What’s happening to this Vietnamese Church is wrong, it’s unconstitutional and it has got to stop.”
The city will not allow the church, which sits on two acres of land, to have any electricity or running water.
“For them to be locked out of their own church is ridiculous,” he said. “There is no rational reason. They meet all the safety and parking regulations. The Board of Adjustments refused them occupancy and gave no reason that makes any sense. They never should have excluded these folks from this church.”
Phyllis Jarrell, Plano’s director of planning, said the ordinance was implemented to ensure that all institutions such as churches, schools, hospitals and retirement housing facilities have sufficient space to accommodate their specific use.
“The ordinance could be repealed [by the city council],” Jarrell said.
Plano Mayor Pat Evans said she can’t comment on lawsuits, but the two-acre ordinance is the primary requirement for all churches.
Shackelford said the members of PVBC fled religious persecution under a Communist regime in Vietnam in the 1980s and 1990s.
Pastor Thomas Le started the PVBC in 2003 and when the church grew to 50 members, he began looking for a building of their own. The congregation purchased a foreclosed building located on the southeast corner of 17th Street and Avenue G.
“We came to America because it is the land of freedom,” Le said. “I don’t understand why they don’t want our church to be here. All we want is to worship God and serve this community.”
Shackelford said many members spent their life savings, cashing out 401K’s and taking out bank loans to make the $400,000 investment.
“Using zoning laws to arbitrarily discriminate against this Vietnamese church is the essential abuse of governmental authority that the Constitution prohibits,” said Jeff Mateer, Chief Counsel for PVBC. “Members of this church fled religious persecution in another country only to encounter it again in Plano.”
Shackelford said their legal organization fought a similar case in McKinney. He said the city repealed the two acre ordinance, which now allows home churches.
“They replaced it with limitations on parking and availability, which makes since for safety,” Shackelford said. “We are hoping the city of Plano reacts quickly.”
Liberty Legal Institute filed the lawsuit in the Collin County District Court. Pastor Le and church members now await the city’s response.
The lawsuit specifically seeks relief from deprivation of the church’s freedom of religion, freedom of speech, freedom of assembly, due process and equal protection of the laws by the city and its Board of Adjustment.
Plano City Attorney Diane Wetherbee was unavailable for comment.
Contact Stephanie Flemmons at aflemmons@acnpapers.com
