Phoenix Pastor Jailed Because He Flouted the Law – Period!

UPDATE: Early this afternoon (Tuesday, August 7), I received a comment from Nisha Whitehead of The Rutherford Institute. She took exception to my analysis of her client’s case as set forth in the OP below. Ms. Whitehead provided a link to The Rutherford Institutue’s own Fact Sheet, “Fact Sheet Regarding the Michael Salman Case “(Last Updated: July 17, 2012). You can click on that link to take you to The Rutherford Institute’s Fact Sheet. I would encourage my readers to take a few moments to read this Fact Sheet. I leave it to my From Law to Grace readers to make up their own minds based on what we know at this point. Of course, there are always at least two sides to every story and we may never be able to ascertain exactly where the truth lies in this particular case. I do appreciate Ms. Whitehead taking the time to comment and to share the link.

After Christians came out in droves to eat some good fried chicken at Chick-fil-A this past week, a Phoenix pastor and his lawyers apparently thought that Christians would also rise up (i.e., donate money) to defend the rights of all Americans to have a Bible study anytime and anywhere — existing zoning, building, fire, and safety codes be d***ed. Both the pastor, Michael Salman and his lawyer, John Whitehead of the Rutherford Institute, are sadly mistaken. And, from all appearances, it seems they want Evangelical Christians of all shapes and sizes to buy into that same mistake, all under the guise of “freedom of religion.”

As my good blogging friend, William Thornton over at SBC Plodder warned when this story first broke last month, don’t get suckered into taking what you hear about this Phoenix pastor at face value. Of course, if you don’t know the facts of the case, but merely rely upon the pastor and his lawyer — through the media — to spoon-feed you their version of the facts, then you will become one of those folks that P.T. Barnum talked about. And, you wouldn’t want that, now would you?

Given what I have read about the pastor, I am not at all surprised by his “arguments” regarding freedom of religion. Knowing what I know about Mr. Whitehead and the Rutherford Institute, I should say I am surprised that he would take up such a case in which the facts — as opposed to the raw emotion — make his client look very unsympathetic. And, for Mr. Whitehead to try to argue that “the same zoning laws used in Arizona to imprison Michael Salman for holding Bible studies will probably be passed across the United States” is so disingenuous as to border on the absurd.

This case — as much as Pastor Salman and his defenders and lawyers would have you believe — has absolutely nothing to do with holding “Bible studies” in a private residence. This case has everything to do with the integrity of a pastor who has appeared to go out of his way to flout the law for his own personal purposes. Who knew that the Rutherford Institute was in such desperate need of clients?

Contrary to Mr. Whitehead’s hyperbolic assertions, we do not have a case where city officials are trying to change the law to keep out churches or to shut down existing churches. Could that happen? Yes, but this is not that case. On the contrary, the laws regulating zoning, building, fire and safety in Phoenix are neither new nor are they some prohibited ex post facto laws which were hastily enacted to harass an innocent pastor just trying to practice his religion freely. These laws are not, as far as I can tell, being applied in some kind of capricious and inconsistent manner.

While I have had my fair share of disagreements with building and zoning officers when I practiced law, I cannot say that what Phoenix has done is an unconstitutional abridgment of Pastor Salman’s free exercise rights. If that were the case, I would be one of the first to be all over it.

No, what we have here is not anti-Christian bigotry masquerading as nefarious zoning regulations. Instead, we have a supposedly Christian pastor who has failed to uphold the overarching qualifications for the pastoral office — having character that is “above reproach.” I’m sorry, but given the facts of this case, there appears to be a severe lack of integrity on the part of this pastor. Waving the Bible and claiming a violation of your First Amendment Right to “freedom of religion” simply will not be a strong defense in this case.

Unfortunately, many Christians will read the headlines such as appeared on Fox News, “Arizona man sent to jail for holding Bible studies in his home,” (here) and will become immediately outraged over what they believe is yet another anti-Christian abuse of government power. However, when you review the facts of this case — which date back to 2006 — you begin to realize that Pastor Salman may not be like the truly innocent pastors who have been thrown in jail in such places as Iran, Saudi Arabia, and other repressive countries. Not even close.

Why? Because the facts seem to indicate a man who has not only failed to comply with the laws that he was aware of, but who actually took affirmative steps to break such laws. Not starting in July 2012, but in 2006. According to a Fact Sheet released by the City of Phoenix, here are just a few underlying facts which may help explain why Pastor Salman is sitting in jail:

1. During 2007, Mr. Salman had interaction with the City regarding his attempts to build on his property. The issue revolves around Mr. Salman’s assertion that he is building a detached garage, when the building is actually to function as a church. Mr. Salman builds, despite not having a proper permit. On May 1, 2007, he is cited for, and eventually pleads responsible to building without the required permit. (Pleads responsible 7/18/2007)
2. In the Fall of 2007, Mr. Salman is notified several times by the City that he needs to obtain the proper permits and approvals before holding church services on his property.
3. In 2008, Mr. Salman’s church, Harvest Christian Fellowship Community Church, is issued a Building Permit to construct a 2,000 square foot private game room accessory to an existing single family residence.  The permit states, “Any other occupancy or use (business, commercial, assembly, church, etc.) is expressly prohibited pursuant to the City of Phoenix Building Code and Zoning Ordinances.”
4. On January 4, 2010, Harvest Christian Fellowship Community Church is found responsible for 96 civil code violations. The Court notes, “[T]he State is not saying the Salmans can’t run a church or have worship services at the location, but the State is saying that if they do so, they must do it properly and in accord with the building, fire, and zoning codes.”
5. On August 30, 2010, Mr. Salman was found guilty of 67 Class 1 Misdemeanors. The Court stated, “Everyone is entitled under the United States Constitution to worship as they please. But there is a reason for these codes and that is for public safety. And that, I believe, is all that the State is asking is that the Code violations be rectified.”