Potentially the Biggest Case in PJI History
Tuesday, December 20, 2022
Hi ,
PJI is unique in that, for 25 years, we have left no one behind who has been put at the crossroads of either choosing to stand and fight for their religious liberties or to bow to the powerful forces that have created an unjust situation in the first place.
Many, if not most, US nonprofit legal defense organizations take on cases with an eye toward their promotional value and not from the perspective of the needs of an individual client.
That’s why we said, “Yes”, when Pastor Ignacio Torres at New Harvest Christian Fellowship reached out to us in his hour of need, based on our expertise and track record of winning church land-use cases. The city of Salinas discouraged Pastor Ignacio from purchasing a downtown former department store by placing draconian restrictions on their church services and stating that the church did not fit its vision of a “fun” or “vibrant” downtown entertainment district.
PJI attorneys immediately recognized the discriminatory treatment leveled against the church. Interestingly, not only did the city allow multiple theaters in the same area as New Harvest, without similar restrictions, but it even allowed funeral homes and nursing homes in its supposedly “fun” and “vibrant” downtown!
In short…
- We attempted to resolve this informally, but the city resisted
- So, we filed a lawsuit and a federal judge in the San Francisco Bay Area ruled against New Harvest,
- But on appeal, the Ninth Circuit Court of Appeals recognized the discrimination, reversing the decision below and handing PJI and New Harvest a major victory,
- However, the City of Salinas refused to accept the Ninth Circuit’s decision and recently appealed this case to the U.S. Supreme Court.
The reality is that the Supreme Court turns away more than 99 percent of all cases that are appealed to it. But the PJI/New Harvest case has caught their attention, and the Supreme Court asked PJI to file a response to the city’s petition for review of the case. And although this is not a guarantee that PJI will get the opportunity to argue Pastor Ignacio’s case, this does signify that one or more Supreme Court justices want to hear more and PJI is now involved in a potential landmark case in front of the highest court in the land!
So, our attorneys have worked many hours and we have just submitted our brief to the US Supreme Court with the understanding that in addition to New Harvest, this case represents churches across America that either now are, or in the future will be, pitted against discriminatory governmental forces that seek to create obstacles to the growth and vitality of their churches.
This is a rare chance for PJI to either preserve the precedent-setting decision we’ve already won at the Ninth Circuit or perhaps have the first case of its kind be heard by the Supreme Court. Either way, the implications are enormous!
New Harvest has not been charged for this ongoing diligent and professional legal defense, but there are hard costs associated with our efforts, mandatory filing fees, etc… Typically, filing a brief with the Supreme Court costs thousands of dollars, even when the attorney time is donated.
“I started the legal process and within one day Pacific Justice Institute said they would take my case. I want to thank the entire PJI legal team as I believe God is empowering us, so I want to say thank you from the bottom of my heart.” – Pastor Ignacio Torres |
