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The Religious Community took a direct hit on Pearl Harbor Day this
year.
The Lighthouse Mission Building located in Long Branch on lower Broadway
was purchased after 4 years of providing food, clothes, encouragement, hugs,
bible studies and worship at 159 Broadway 1992 - 1999. Preceeding the
Lighthouse was Sister Rosaio's Presbyterian Hispanic Mission/Church which moved
to Asbury Park.
IN 1994 We purchased 162 Broadway, directly across the street. Keep
in mind that 159 had been a Church and Mission location for 6 years prior to The
Lighthouse Mission's operation.
In 1994 Lighthouse purchased 162 to expand it's services to the community
and add a formal sanctuary and temporary transisitional emergency housing.
The Lighthouse recruited support from the City whom in turn gave the
mission a $1500.00 mini grant. Other larger Churches, Synagogues and even
the Pioneers of ATT elected to support the renovation of 162 Broadway for the
charity.
162 Broadway had been unoccupied for 17 years, and was in need of
rehabilatation to the tune of $500,000.00 which the Mission secured.
The Mission hired Peter Falvo to represent them in the aquisition and
application process. The City rejected the application citing it was
incomplete, and Mr. Falvo abandoned the Mission shortly after. Today Mr.
Falvo is the Land Use Chairman of the Ansell, Zarro, Grimm, Aaron, Falvo Firm -
representing both Long Branch & Asbury Park.
The Mission had no problem getting zone permits and Certificate of
Occupancies for three retail businesses in the store portion of 162 Broadway
over the years, and permission to operate it's Professional Offices, however the
Mission has been denied the right to gather or assemble for distribution of food
and goods to needy people, prayer, preaching and worship. The building was
partially renovated to allow for the retail tenant and the house adjoining for
The Office/residence of the Minister. However the Third Building was not
permitted occupancy for the sanctuary. 159 Broadway was 700 square
feet. 162 Broadway is 11,000 square feet.
The Mission filed a law suit in June 2000 cited alledged violation of the
Consitution and the Fair Housing Act, added a claim under RLUIPA (The Religious
Land Use and Institutionalized Persons Act of 2000) and Legal Mal Practise
against Peter Falvo, Esq while with his former firm.
On Wednesday, December 7, 2005 Judge William Walls presiding in Federal
District Court, Newark - Granted a second summary judgement to the City for
dismissal. Citing that "URBAN DEVELOPMENT" is a "compelling Governmental
reason" to deny Churches and the like from operating at locations they
own. Wether this is the only way to do the development, by prohibiting
churches & temples, was not addressed nor was the question; "the least
restrictive means"
Boiled down the City argued that on the very block of 162 Broadway they
wanted to be able to issue new liquor licenses in the surrounding
buildings. State Statue and local Ordinances restrict liquor licenses from
being permitted up to 1000 feet from such religious operations.
The Judge also denied Peter Falvo's summary Judgement for dismissal on the
Legal Mal Claims and ordered the matter to begin Trial. Jury selection
should begin Tuesday, Dec 13, 2005, forbading any additional motions.
To determine the sale of alcoholic products and locations on site and off
site is a compelling reason to deny "Inherently beneficial uses" to a community
is a dramatic slap in the face of religious liberty. Judge Walls' Decision
is appeallable to the Third Circuit Appeallate in Philadelphia.
If this decision is allowed to stand, every religious organization will be
threatened by a redevelopment plan beyond that which others thought Kelo v. New
London mat have done.
I need prayers and support to continue this fight.
Our Freedoms are being stripped away each and every day.
Rev. Kevin Brown
Lighthouse Mission
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