Wednesday, November 9, 2011

Court Case Update 11/2011

     Grace to you and peace from God our Father and our Lord Jesus Christ.  This is an update on our recent court case.  This week we went to the State Court to fight for the Bible Board in front of our home.  The Board is used to quote scripture to the 2500+ cars that pass in front of our home on a daily basis.  It went well "we believe".  Our point that Political and other signage is given exceptions and certain circumstances that do not need a permit, while religious speech is required to have a permit, was emphasised in the appeal.  This is an issue of treating non-religious differently than religious.  This City has a big problem with persecuting religious folks.  I pray this changes with the new administration.  There is a change in our plan for federal intervention.  We thought that if Suzanne went to the appeal and if the decision was against her we would be able to file the lawsuit in federal court but meeting with our attorney's yesterday that would not be the case.  To make sure the Federal case sticks she would have to appeal to the Arizona Court of Appeals.  After that if there is still an unfavorable decision than we can file our lawsuit in reference to the sign.  The attorney's did inform us that it would be good to keep the suit separate so that our issues are clear. 
      I did get the extension for filing the Appeal Memorandum.  I will be asking for oral argument so when that happens we need all those in support to stand up and let this state know that what is happening here in our City is an injustice and discrimination against religious meetings.  If we receive an unfavorable decision in this court we will then be filing the Federal Lawsuit.  The great news is that the Pacific Justice Institute and our attorneys will be working together to fight this.  As some of you know the PJI is fighting a similar case that happened this year in California. 
     I just want to thank everyone who support us in many ways.  Prayer, financial and such comes from people who care.  As Christians we want to be good neighbors.  We live in this neighborhood also.  The park is across from us, we have 2500+ cars in front of our home on a daily basis and our street is an arterial street.  So we do not live in a small quiet neighborhood.  Our meetings do not disturb the tranquility of the neighborhood, traffic or parking.  Our guest never park in the street, we have 4.6 acres of land that anyone can park on.  That is room for over 100+ cars.  We are not loud in the sense of noisy.  As a matter of fact during the weekend the sounds coming from the park during the weekend overbear our noise.  This is why we are so baffled on why this City believes it can prosecute us?  Our neighbors on the other hand have get together where they park in the street, are loud, cause traffic concerns and yet they do not need a permit.  The only conclusion we have is that we are prosecuted because they are religious and because they are religious they need a permit.  This has been made very clear in court by testimony.  Folks this is not a battle only for us but every church that has home studies, cell groups, home groups and ministries that begin in the home are all in threat.  If you meet weekly at your home with more than 2 guests, according to the City you are in violation.  If someone complains about your 2 or more people meeting in your home for Bible Study the City will prosecute you.  This is true, documented and testified on.  Sounds ridiculous?  We feel the same way and that is why we are taking this to court.  Non-Commercial Private meetings even religious must be protected.  PRIVATE IS PRIVATE.  NOT COMMERCIAL is NOT COMMERCIAL.  Churches these days are open to the public and they are commercial they have signs in the front, they invite the general public to come in, they are not discretionary on who comes in.  This is not our case.  We are not open to the public, we do not invite the general public and believe me I am very discretionary on who comes to my home.  My family lives there.  My personal items and goods are there.  There is a big difference.  Well I rattled off enough.  Please keep us in prayer and thank you all for your constant support.  In Christ we are always victorious. 

 

Thursday, November 3, 2011

Update On Federal Case

     This is an update of where we are in reference to our lawsuit against the City of Phoenix and there prosecution against home worship, home bible studies, home groups and other religious house groups.  This case is more than an issue of freeing me from going to jail for what I have done.  Rather this case is about the rights that Christians and other religious groups should have when meeting in a private setting.  Especially in ones home. 
     The City of Phoenix has under sworn testimony stated that religious groups specifically bible studies in a home even if 30 minutes per week are required to have a permit and conform their property under commercial standards.  That means ALL churches and religious meetings if done in a home are required to abide under commerical standards.  A occupancy or B occupancy guidliness.  In the meantime, other groups "secular" in nature are not required to do that.  Such as Neighborhood Block Watch, Boy Scouts, Political Hostings (Which are currently going on today) and other secular meetings are not required to abide under these rules.  So Religious NO Secular YES.  There is a problem with this.  It is evident that under such sworn guideliness and testimony by building inspectors and supervisors there is going to be no problem winning a lawsuit.  The only problem is PROTOCOL.
     On October 10th, 2011 the Judge dismissed the lawsuit claiming that since we are still fighting this in the State Forum it is premature to bring it to the Federal Forum.  Even though at first we were a little upset we believe that it is a good thing this happened.  It would be a tragedy to go through the lawsuit and win only to have it overturned in the Appeal Process.  This has saved us a lot of money.  Thank you Jesus.  So now we are going to exhaust the State Court and if the City still proceeds to discriminate against private religious meetings we will refile the lawsuit again and make sure our rights along with other rights are protected. 
     Meanwhile Suzanne and I will be going to court for our Bible Board in the front on Monday.  The Bible Board quotes scripture to passerbys.  The City of Phoenix is claiming that such signs require a permit.  We say they do not require such permits.  As a matter of fact if you have driven in our City lately you will find 4 x 8 signs lining our streets and yards.  VOTE GULLETT FOR MAYOR and such.  According to the City of Phoenix these signs do not require a permit.  Only the permission of the property owner.  So why do signs that have religious messages required to have a permit while political signs are not.  This again is discrimination.  If Suzanne loses the appeal we will exhaust the State immedietly and file a lawsuit challenging the Sign Ordinance to protect religious and noncommercial speech on private property.  This will be a lawsuit seperate from the Private Worship. 
      Seperating the lawsuits and making them 2 instead as combined 1 will allow us to make sure our rights are defended and that our demands are clear.  We continue to pray for the Leadership of our City and continue to pray that religious speech and assemblies are protected. 

In Jesus Name,

Pastor Michael Salman