Josh Dulaney, Staff Writer
Created: 12/12/2009 06:14:37 AM PST
RANCHO CUCAMONGA - A family claims they're in the crosshairs of city officials for hosting Christian gatherings in their home.
Joe and Diana Johnson say the city has been harassing them for hosting Bible studies in their rented house on Highgate Drive after a code enforcement officer determined the couple is disrupting the neighborhood by running a church there.
"We're not going anywhere," Diana Johnson said. "The Bible says (Christians) will suffer persecution for Christ. We realize they are not angry with us. They are angry with God."
The situation illustrates the struggle city and county code enforcement officials face in striking a balance between the freedoms and wishes of differing neighbors.
"We want to help people co-exist while not infringing on other people's rights," said David Wert, spokesman for San Bernardino County. "The emphasis is on creating rules to help everyone get what they want."
The Johnsons said the problem started when a neighbor snapped photographs of them in their home.
"We were sitting in the family room having Bible study," Diana Johnson said. "I see flashes of light. He's hanging over the fence and taking pictures."
The Johnsons said the incident was followed by a visit in September from a code enforcement officer who told them they were operating a church in violation of city code and would need permits that cost thousands of dollars.
They claim the officer threatened to report them to the District Attorney's office.
Word of the trouble spread up and down the block.
Neighbors attributed excessive cars on the street to the family's meetings, they said. The Johnsons received a phone call from their landlord telling them the city wanted them to remove advertisements for their meetings from a Web site designed for their counseling ministry, and from another online page.
The city also told the family to remove a banner from their front yard advertising their Sunday morning gatherings. The Johnsons said the banner was a holdover from when they attempted to start a church at a community center before Joe Johnson became ill in March.
The Johnsons, who have been hosting family Bible studies and prayer meetings for more than 16 years in their current and former homes, said they wanted to use the banner as a marker for relatives coming from outside the region to worship and pray for their sick father.
Holding church in a residential zone is unlawful without a condional use permit, said James L. Markman, an attorney for the city.
"I don't believe that sign was there because their relatives couldn't find a house," he said. "That Web site didn't say only family members admitted."
Markman said the activities conducted by the Johnsons could constitute church meetings.
"Bible study is a typical thing you do with a church activity," he said. "You might notice other things start happening, (such as) taking donations."
The Johnsons said the code enforcement officer told them he had received reports they were singing gospel songs, reading the Bible and taking offerings.
Trang Huynh, the director of building and safety for Rancho Cucamonga, confirmed the city received anonymous complaints.
"I think when people saw the banner in the front yard, the neighbors got nervous about it," he said.
Officials said they want to prevent potential nuisance problems, such as parking and noise if such groups grow unwieldy.
"Can you imagine if everybody turned their house into a church?" Markman asked.
But an attorney for the Johnsons said the city's position is nothing more than religious discrimination.
"The legal principle is that the government may not treat a religious gathering any differently than a non-religious gathering," said Dean Broyles, president of the Escondido-based Western Center for Law and Policy. "Let's say 20 people come over to their neighbor's house and watch Monday Night Football. Our position is if the city allows that, they have to allow 20 Christians to come over for a Bible study."
Broyles earlier this year represented a pastor who was issued a warning from a San Diego County code enforcement officer for holding a Bible study in his home. The county in May issued an apology to the pastor after the incident gained international attention.
Broyles said he was surprised to see a similar issue pop up so soon.
"I would definitely say the city was unnecessarily aggressive and didn't really understand what was happening at the home," he said.
He commended Rancho Cucamonga's attorneys for notifying him in a November letter that the city would not require a permit of the Johnsons at this time.
But he is concerned the city may unfairly target the family in the future, because the letter also stated:
"Pleased be advised that the City will continue to monitor the situation. If at any time your clients are again operating a church on their property, the City will have no choice but to require them to obtain a (conditional use permit)."
Markman said the city isn't trying to tamper with the family's First Amendment rights.
"If they are reaching out to a general public and it comes to light they are conducting church activities without a permit, we'll come to odds," he said.
The Johnsons said they won't raise their banner again, but the gatherings will continue.
The retired California Department of Corrections officers say they don't fear the city - or much else.
"We're not going to stop doing what we're doing and they're just going to have to do what they have to do," Diana Johnson said.
They do however worry for the safety of their loved ones who live with them and those who visit. They said some of the neighbors have changed from friendly to hostile since the episode with the city, and the Johnsons fear there may be underlying racial issues.
Joe Johnson said he is taking steps to protect his family.
"And I'll let God deal with the rest of it," he said.
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