Gethsemani Baptist Church reached a settlement with the city of San Luis, Arizona, which had shut down the church’s food bank ministry that had been serving impoverished families since 1999.
“I am thankful to God that I can continue serving my community,” Jose Castro, pastor of Gethsemani, stated, “We hope to continue being a blessing to San Luis for many years.”
Gethsemani held its ministry within church grounds and maintained relations with the city, which partnered with the ministry by occasionally sending funds and partnering in some food distribution events.
However, after Mayor Nieves Riedel was elected in 2022, the city started withholding support to the distributions, arguing that the semi-trucks parked in the church lot were in a residential area, in violation of zoning laws. The city considered the ministry to be “commercial-level food distribution,” and the church was barred from using a government-owned warehouse near the church grounds in which the ministry had been storing the food. The city then sent a letter threatening fines for the usage of delivery trucks to and from the warehouse and the church lot.
The ministry began loading and unloading the trucks for two hours or less, in accordance with city code, and shifted toward using a smaller trailer to bring the food and supplies to the church property.
Despite the changes, the city sent a Notice of Zoning Violation to the church through the city code enforcer. In the letter, officials stated that the church and ministry was under a legal non-confirming use but the “distribution, storage, and traffic generated by the food distribution activity clearly alter the nature and character of the non-conforming use, constituting an illegal change to the non-conforming use.” The city stated that the church needed a conditional use permit to continue its ministry.
The church, which believes the permit to be cost prohibitive, responded that such action violated their constitutional rights and misapplied the city’s code.
The church halted its ministry. However, in February 2024, a code enforcer issued four citations against Castro after he distributed small amounts of emergency food to about 10 people. A food delivery truck also went to the wrong address and arrived at the church instead, which led to more citations and threats of more citations that would lead to criminal penalties.
In 2024, First Liberty Institute and the law firm Snell and Wilmer L.L.P. filed suit against the city on behalf of Gethsemani, arguing that the city was imposing a substantial burden on their religious exercise, had violated their rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the First and Fourteenth Amendments, and the Arizona Free Exercise of Religion Act.
“Defendants’ application of the City’s ordinances violates RLUIPA because it treats the church on less than equal terms compared to comparable nonreligious charitable programs and similarly situated for-profit commercial enterprises located just blocks away within the same zone,” the lawsuit states.
First Liberty Institute and Snell and Wilmer L.L.P. announced the settlement Nov. 24.
“Gethsemani Baptist Church has only ever wanted to continue its 25-year mission of providing food for the hungry, hurting people in their community,” said Ryan Gardner, senior counsel for First Liberty Institute. “We are grateful that the city’s agreement will ensure that the church can carry on its ministry serving the vulnerable families in Yuma County.”
Gethsemani’s mission is to reach impoverished families through food distribution and share the Gospel through the process. The only food ministry in the city helping such families, the church has distributed hundreds of thousands of pounds of food and household items to families.
