FEDERAL COURT –
Worshippers who had been barred from their East County church because it was zoned for a bar, and not religious services, may return as early as Sunday.
A federal judge yesterday rejected a county order prohibiting members of the Guatay Christian Fellowship from meeting at their building on Old Highway 80 in Guatay. He said they can resume meeting as soon as eight major safety violations have been repaired.
An attorney for the church said the violations already have been fixed, and church members only need a county inspector's approval before holding services there.
Members stopped meeting at the 2,100-square-foot building after being notified in May that the structure had a permit for beer, wine and live entertainment but not religious services. The church had been meeting in the building at the Pine Valley Trailer Park for 22 years. It is the only place of worship in Guatay, a town of 782 about 35 miles east of San Diego.
“I'm pretty ecstatic,” said Stan Peterson, a Guatay carpet cleaner who serves as pastor for the congregation of about 80. “(The county) had no right to keep us out for almost six months.”
U.S. District Judge Jeffrey Miller said the county's order caused “significant irreparable harm” to the church and members. However, he said the church must apply for a major use permit, as county officials have demanded, to continue worshipping in the building.
Attorneys for the church and the county both said Miller's ruling was victory for their side.
“The judge saw everything for what it is. (The county) was trying to strong-arm the church,” said attorney Peter Lepiscopo, who represents the fellowship.
Senior Deputy County Counsel Tom Bunton said Miller agreed that a permit was required. “The county was appropriate in telling them they needed a major use permit,” he said.
Peterson said the church will apply for the permit, but he's unsure how it will pay for the studies and fees that could cost thousands of dollars.
County officials found eight serious code violations when they inspected the church last summer. The violations included unsafe wiring, an unsafe doorway, and an improperly-braced hot-water heater.
Other less-serious code violations must be corrected within 90 days after religious services resume, Miller ruled.
Lepiscopo said he still plans to seek monetary damages against the county for violation of the church members' civil rights.
Anne Krueger: (619) 593-4962; anne.krueger@uniontrib.com
