Church sues Ocean City after $1K-per-day fines over homeless shelter

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One of Ocean City‘s oldest churches sued the town Tuesday, arguing its right to the free exercise of religion was violated with the attempted shutdown of its homeless shelter.

Ocean City has fined both the pastor and senior warden of St. Paul’s By-the-Sea Episcopal Church $1,000 every day since June 8, alleging its dormitory-style indoor overnight shelter violates the local zoning code. Pastor Jill Williams and Senior Warden Dan Harris have not paid, and the shelter is still active.

“The town government has been really clear with us that it is their intention to have homeless people off of the island — that they need the place to look like Disneyland,” Williams told The Daily Record.

A spokesperson for Ocean City did not respond to a request for comment.

The town’s unhoused population — Williams estimated it to be a few dozen people, not including people couch-surfing or sleeping in their cars — came to the church after the city passed an ordinance preventing people from sleeping on public property last year. (Worcester County also passed a law prohibiting sleeping on county property last year.)

The church, which has served the homeless for decades, “of course” let them stay on their property, Williams said, and erected tents and provided sleeping bags.

“It’s a manageable thing,” she said. “This is not San Francisco. This is a small town. We can actually help everyone.”

In January, though, a city official ordered the church to move the shelter inside, according to the plaintiffs. Williams said she was happy to do so but asked for some time to comply with the fire code and take appropriate safety measures. By April 1, the church had a room full of bunk beds capable of housing the city’s homeless population. Williams was hopeful that the city would help pay for some of the cost of staffing the shelter.

She said the shelter has been a success, though some interpersonal conflicts have arisen with around 30 people staying there each night. More are expected during the summer, when housing becomes more expensive.

The shelter is open from 7 p.m. to 7 a.m., and the church accommodates the schedules of people with jobs. Guests are admitted even if they’re under the influence of drugs or alcohol. They are not allowed to bring those substances to the church, and Williams said none have been found.

But then, in May, the town reversed course, saying the indoor shelter violated the zoning code, the plaintiffs say. It began fining Williams and Harris — but not the church itself — in June.

The complaint, filed in Maryland U.S. District Court, says the zoning code is a “spurious” pretext. It alleges violations of the First and Fourteenth amendments, as well as interference with land use as religious exercise.

The complaint notes that if they can’t stay at the church, most guests would sleep on the boardwalk or at storefronts. For various reasons, Williams said, they are not eligible to stay at other shelters.

“Indeed, it might be said that the Town’s own interests — ‘compelling’ or otherwise — are being served by the Church in housing persons whose needs are manifestly not being met by the Town,” the complaint states.

Robin Cockey, of Cockey, Brennan & Maloney in Salisbury, who represents the church, put it more succinctly.

“The church is doing the town’s work for it,” he said.

Williams said Ocean City is “stopping us from practicing our faith.”

“This lawsuit is going to cost the town money, and the taxpayers money,” she said. “Why?”