![]() |
in Hearing Today |
|
City officials are attempting to stop the Revs. Jacque Zaleski and Roger Coleman from conducting religious services in their back yard six times a year.
City zoning investigators say the couple are illegally operating a church in a residential area without a permit.
Zaleski and Coleman say the city is violating their First Amendment rights and singling them out because of their unorthodox religious beliefs.
If found in violation, Zaleski and Coleman could be fined up to $250 a day until they comply.
This morning's Code Enforcement Board meeting will the third time the group has met to consider Zaleski's citation. Zaleski said city officials informed her a ruling would be made today, no matter what.
The board's decision will affect a federal civil rights lawsuit filed by Zaleski and Coleman that has been put on hold pending the outcome of the hearing. Zaleski said she expected to lose her case before Palm Bay zoning officials, but would win in Federal court.
"I think they (the code enforcement board) are going to find us guilty," Zaleski said. "That's all they can do because if they don't, they're* going to have egg all over their faces. But it's going to be bad for the city when it goes to the next level."
The head of the city's planning department, Chris Norton, declined to discuss the case. "Because we're currently involved in litigation, it would be inappropriate for me to comment," he said.
Complicating things for city officials is a possible challenge to Palm Bay's noise ordinance. Several of Zaleski's neighbors have complained that her outdoor rituals are too loud and violate the law.
West Palm Beach attorney David Laverty said that based on discussions with Zaleski, he probably will sue the city on the grounds the ordinance is too vague and too subjective.
"Complaints about the beat of a drum from neighbors that are more than an acre away -- that's clearly a violation of the First Amendment," Laverty said. "These kind of ordinances can be used as a tool to harass individuals."