|
|
|
The Revs. Jacque Zaleski and Roger Coleman of the Wiccan Church of the Iron Oak filed the federal suit in October after they were cited by city zoning inspectors for illegally operating a church at their northeast home.
The suit alleges that while more conventional churches were allowed to conduct home worship, they were singled out because of their unorthodox beliefs.
"We're in federal court on a violation of her First Amendment right to practice her religion," said Burton Green, Zaleski's and Coleman's attorney.
"There could obviously be a damage award that comes out of this."
The couple won the zoning battle Nov. 21 when the Code Enforcement Board unanimously ruled the activities at their residence did not meet the legal definition of operating a church.
"It's apparent to us that it was selective enforcement," Zaleski said. "Our feeling is that this (the lawsuit) needs to be done. and other Wiccans also tell us that it needs to be done. The church has suffered tremendous financial damages, and our people are hurting."
Zaleski said she and other church members were leaning toward going ahead with the lawsuit.
City officials have the right to appeal the board ruling but have not decided whether to do so, City Manager Mike Abels said. He declined further comment.
U.S. District Judge Anne Conway suspended the federal lawsuit pending the outcome of the code enforcement hearing. City attorneys have until Dec. 15 to file a response to Zaleski's suit.
The chances of the case going to court could depend on whether the Wiccans raise enough money to pay for legal counsel.
The group has accumulated more than $20,000 in legal bills from its appearance before the code enforcement board. But her group is receiving donations from other Wiccan groups throughout the United States, Zaleski said.
"We've had money come in from all over the country and gotten encouragement from across the world, from as far away as Australia and England," Zaleski said. "It's time to take Wicca out of the closet."
Iron Oak's attorney, Burton Green, has said that it is entirely unlikely that the City of Palm Bay will offer any refund of the monies expended by Iron Oak in defending themselves against the zoning charge. Furthermore, nothing prevents the City from pressing such charges again and again, requiring further expenditure each time from the Wiccans. Green also expects the City to appeal the zoning board's ruling to the State Courts, especially if Iron Oak proceeds with the Federal case. Each time the Planning and Zoning Board rules against them, in fact, the City has the option to appeal to the State.Iron Oak has decided, therefore, (at about 2:30 this afternoon) that the only way to end the cycle of persecution is to proceed with the Federal lawsuit, asking to be "made whole" -- to have the City repay the expenses suffered by the church in their own defense. Green has agreed to continue working the case as long as Iron Oak can maintain $2,500 in his escrow account -- a sort of pledge, as I understand it, against the $50,000 the Federal case will cost (as well as the $20,000 Iron Oak already owes in legal fees from the zoning board hearing). This may be difficult, since pledges from sixteen members are not sufficient even to cover the lease of the commercial space the church is using for most activities, electricity, water, and all the other charges demanded by modern America.
Green has also told Iron Oak that he will accept with gratitude any legal assistance that may be offered him (I assume he's talking about searching out precedents and the like).
Financial assistance to Iron Oak, by the way, is tax deductible. Donations accompanied by a return address will receive from Iron Oak a letter which may be presented to the Infernal Revenue Service with one's tax returns.