San Diego County has apologized to a pastor and his wife who were cited and told to get a permit for a weekly Bible study session held at their Bonita home.
In a letter dated Wednesday, the county's chief administrative officer Walter Ekard said the citation should never have been issued and a permit is not required.
Ekard blamed the mistake on "unclear language in the zoning ordinance." He also said the county is taking steps to improve its policies and procedures.
In April, David Jones and his wife Mary were told they could be fined $100 to $1,000 if they didn't comply with county codes that prohibit holding religious assemblies without a major-use permit.
Five to 27 people attend the gatherings.
Original Report
SAN DIEGO - Members of a San Diego prayer group say local government is trying to regulate whether they can pray with friends in a private home.
The county's chief executive vehemently denies the claim.
The Jones family has hosted a weekly bible study at their Bonita home for the past five years. Usually, anywhere from 5-25 or so friends join them for dinner and bible discussion every Tuesday night.
But now they say county land use officials want to put a stop to their weekly religious gathering, by requiring them to purchase an expensive permit.
County officials say the problem is parking. "I deeply regret that a routine code enforcement issue has transformed into a debate over religious freedom in San Diego County," said County Chief Administrative Officer Walter Ekard in a statement Friday afternoon.
On Good Friday, April 11, the family was surprised to find county officials at their door.
"She asked me if we sang songs, said Amen, praised the Lord or not. I don't even think I answered because I was so taken aback" said Mary Jones.
Jones said the "insinuation" was questions over whether the services were "of religious nature." She said there were no questions or comments about there being a parking problem.
The family was given a warning to "cease and desist" their "religious gathering" until they are granted a "major use permit".
"The county is not saying don't pray at home, what the county is saying is be a good neighbor" said Chandra L. Wallar, who serves as general manager of San Diego County's Land Use and Environment Group.
Wallar said the county received a complaint regarding parking, and they were obligated to investigate.
The complaint alleged that "cars were blocking access for themselves and for public safety" said Wallar. "The staff believed there were traffic issues...There were violations, principally due to the parking, and it appeared the use of the property was a religious assembly."
Wallar believes there is a "miscommunication" here; often, she said, people who are cited for the first time take it "personally". "They focused on the 'use' because they really didn't understand our process."
She wants to work with the Jones family on solutions to the parking problems including carpooling, parking down the street, or having bible study members rotate their homes.
"I want to say in the most direct terms: the County has never tried to stifle religious expression and never will," said County CAO Ekard.
Major use permits are often given to churches, synagogues and other places of gathering. They take into account traffic concerns, engineering issues, architecture considerations and more. The main purpose is to assess the feasibility of large gatherings occurring at a particular location.
Dave Jones knew a great deal about major use permits since he got one for the nearby church he serves as Pastor.
But, he felt one was certainly not needed for the small gathering at his home.
The Jones family was warned that if the bible studies continued they would be fined $100 for the first week, then $200, $500, $1,000 and eventually taken to court.
"Are you telling me I live in an America where I can't pray with my friends? I would say your authority stops at my door" he said.
Jones continued, "This is America, this is supposed to be freedom. I should be able to pray here whenever I want to, 7 nights a week."
The Pastor thought it was ironic the county was stopping prayers that were often pro-San Diego government and pro-United States.
Jones' attorney, Western Center for Law and Public Policy president Dean Broyles, said the order violates First Amendment rights. "The government may not prohibit the free exercise of religion" he said.
"They are treating this bible study likes its a religious assembly and that is improper" said Broyles.
Broyles said he is concerned this could have a "chilling effect" for the 1,000-plus bible studies in San Diego County or other small gatherings. "Is this county really going to treat a religious gathering any differently than a boyscout troupe or a tupperware party?"
But Jones said all the neighbors around him are supporting and praying for him. He added that he owns the private lot next to him, which is where most cars park.
The only person who may have complained, he believes, is a neighbor's friend whose car was dented, possibly by a bible study attendee.
Jones paid the money to fix the car out of his own pocket, and is not confident that is who complained.
The most frustrating aspect of this entire issue for Jones is that he feels the county officials are not telling the truth about the parking issue.
Jones said in all of the written and oral complaints over five weeks, nowhere has parking been mentioned. "None of it is on parking, all of it talks about a religious assembly...We've had hours of conversations, that's what it has been every time."
He said only after this story was picked up by the news media did he hear the county officials claim that parking was the main issue at stake here.
Jones wants his attorneys to challenge the county to prove where and when parking violations became the central issue.
Meanwhile, Wallar said Jones will not be charged with any violation for now and she hopes to work out the "misunderstanding" very soon.
"The Bible studies will continue in Pastor David Jones’ home as we work to find a solution that works for everyone involved in this matter," said Ekard.
