In this case, on behalf of the Fort Collins Mennonite Fellowship, the ACLU asserted that the City of Fort Collins ws unjustifiably invoking zoning and land use regulations in order to thwart the Fellowship's plan to provide outdoor lockers, accessible 24/7, for people experiencing homelessness to store their belongings.
Ministering to the homeless is a part of the Fellowship's religious practice. The lawsuit asserts that the City is applying its land use regulations in a manner that imposes a substantial burden on that religious practice. The lawsuit relies on the Religious Land Use and Institutionalized Persons Act. That statute requires that the City must justify its substantial burden by demonstrating that its restrictions advance a compelling interest and that they are the least restrictive means of furthering that compeling interest.
The lawsuit was resolved in a settlement that allowed the Mennonite Fellowship to install the lockers in its parking lot and make them available 24/7 to people experiencing homelessness.
ACLU news release:
- "Lawsuit over lockers for the homeless in Fort Collins neaers resolution," ACLU News Release, July 18, 2019
Media:
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“Why does Fort Collins fear the homeless so much?,” Medium, February 4, 2018
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“Fort Collins council says no to funding homeless lockers, eyes Murphy Center expansion,” Fort Collins Coloradoan, February 6, 2018
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“Following City rejection, Mennonite Fellowship opens GoFundMe for homeless lockers,” Rocky Mountain Collegian, February 26, 2018
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“Fort Collins church is raising money to build lockers for the homeless,” 9 News, March 4, 2018
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“Fort Collins church gets lockers for homeless, but it's not quite a done deal yet,” Fort Collins Coloradoan, June 2, 2018
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“ACLU threatens to sue Fort Collins after email regarding homeless locker proposal,” Fort Collins Coloradoan, July 16, 2018
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“Fort Collins, ACLU approach settlement in homeless lockers lawsuit,” Fort Collins Coloradooan, July 18, 2019
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“Fort Collins considers lockers for the homeless, but not everyone's onboard,” Yahoo News, July 19, 2018
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“Lockers For Fort Collins Homeless Met With Some Opposition,” CBS News, September 25, 2018
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“Fort Collins City Council OKs church's homeless lockers, but says no to 24/7 access,” Fort Collins Coloradoan, October 9, 2018
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“Church Sues Fort Collins Over Homeless Locker Restrictions,” CBS News, November 8, 2018
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“Fort Collins Mennonite church sues city over homeless lockers program,” Fort Collins Coloradoan, November 10, 2018
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“Fort Collins Mennonite Fellowship Continues Push To Allow Locker Access For Homeless,” KUNC, May 6, 2019
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“Fort Collins, church reach agreement on lockers for homeless,” The Denver Post, July 21, 2019
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“Agreement Reached Over Lockers for Homeless Individuals in Fort Collins,” KGNU, July 22, 2019
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“Fort Collins church wants to provide lockers for homeless people,” 9 News, August 20, 2019
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“Fort Collins City Council approves settlement allowing homeless to store belongings in lockers,” 9 News, August 21, 2019
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“Lawsuit settled for $60,000 over Mennonite Church’s homeless lockers program,” Rocky Mountain Collegian, August 25, 2019
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“Fort Collins church gains right to provide lockers for homeless,” Anabaptist World, August 30, 2019