Free Motion for Preliminary Injunction - District Court of California - California

Case 3:08-cv-01406-JM-CAB

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PETER D. LEPISCOPO, ESQ. C.S.B. #139583 Counsel of Record BILL MORROW, ESQ. C.S.B. #140772

LEPISCOPO & MORROW, LLP

2635 Camino del Rio South, Suite 109 San Diego, California 92108 Telephone: (619) 299-5343 Facsimile: (619) 299-4767 Lead Attorneys for Plaintiff, GUATAY CHRISTIAN FELLOWSHIP DEAN R. BROYLES, ESQ. C.S.B. #179535 JAMES M. GRIFFITHS, ESQ. C.S.B. # 228467 THE WESTERN CENTER FOR LAW & POLICY 539 West Grand Avenue Escondido, California 92025 Telephone: (760) 747-4549; Facsimile: (760) 747-4505 Attorneys for Plaintiff, GUATAY CHRISTIAN FELLOWSHIP

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA GUATAY CHRISTIAN FELLOWSHIP, ) ) ) Plaintiff, ) ) ) ) v. ) ) ) ) COUNTY OF SAN DIEGO, ) ) ) Defendant. ) ) ) ) ) Case No. 08-CV-01406-JM-CAB DECLARATION OF PASTOR STAN PETERSON IN SUPPORT OF GUATAY C R S I NF L O H PSMO I NF R H IT A E L WS I' TO O PRELIMINARY INJUNCTION [F.R.Civ.P. Rule 65] DATE: September 25, 2008 TIME: 3:30 p.m. COURTROOM: 16 COURTROOM: 16 JUDGE: HON. JEFFREY T. MILLER TRIAL DATE: None set

I, STAN PETERSON, hereby declare and state as follows:

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DECLARATION OF PASTOR STAN PETERSON IN SUPPORT OF GUATAY CHRISTIAN F L O H PSMO I NF RP E I N R I J N T O E L WS I' T O O R L MI A Y N U C I N

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1.

I am the Senior Pastor of plaintiff, Guatay Christian Fellowship, and have held that

position since the church was established in February of 1986. I am over the age of eighteen and have personal knowledge of the herein stated matters, and, if called upon as a witness, could and would testify competently and accurately to the herein stated matters.

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2.

Plaintiff, GUATAY CHRISTIAN FELLOWSHIP (e i f r cld " e hr n t ae t e ae l h

C U C " is a not-for-profit corporation, which is organized and existing under the laws of H R H) , the State of California and which enjoys I.R.C. §501(c)(3) status. 3. The CHURCH was founded in February of 1986 by me and my wife, Brenda

Peterson. Initially, the CHURCH held religious assemblies and services in our home. 4. members. 5. T e H R H Smembers have sincerely held beliefs that Jesus Christ commands hC U C ' Since its inception, t C U C ' m m e h has fluctuated between 50 to 100 h H R H S e br i e sp

them to, among other things, proclaim the Gospel, make disciples, and aid the poor. They practice their beliefs by providing a place for religious assembly, opportunities for worship, religious instruction, and activities for people of all ages. They also perform charitable services for the underprivileged. 6. After its establishment in our home, the CHURCH quickly grew and needed to

move to a new location in order to accommodate its membership and religious services. 7. The CHURCH selected an excellent facility for its new location--the Recreation

C n r fh Pn V ly r l Pr ( e Pr" located at 27521 Old Highway 80, Guatay, et o t i ae Tae a t "a ) e e e l ir k h k, California 91931. The CHURCH rents the Recreation Center from the Park.

DECLARATION OF PASTOR STAN PETERSON IN SUPPORT OF GUATAY CHRISTIAN F L O H PSMO I NF RP E I N R I J N T O E L WS I' T O O R L MI A Y N U C I N

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8.

On October 5, 1986, the CHURCH held its first service in its present location--the

Recreation Center. The CHURCH holds weekly services at 10:00 a.m. on Sundays and 7:00 p.m. on Wednesday evenings. 9. On or before November of 1988, the COUNTY recognized the CHURCH and

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 interiors and exteriors of buildings; (f) paved area surrounding CHURCH Complex;
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authorized t C U C ' ueo t R c ao C n r s p c o r i os h H R H S s fh er t n et a a l e feg u worship for a e e ei e a li 200 member church. t e n cr ccp o t C U T ' N vm e 3,98eet t A r ad or toy fh O N Y S oe br 018 lt o h u e e tr e PARK is filed as Exhibit 1 to the instant Application. In addition, the COUNTY assigned a real property tax-payer identification numbers (741-203700 and 741-2037500) n A ss r Pr l ad s s ' a e e os c Number (APN #408-200-17-00) to the CHURCH and for the years 1993 to the present the COUNTY has sent yearly billing statements to the CHURCH. True and correct copies of the billing statements sent by the COUNTY to the CHURCH are filed collectively as Exhibit 2. 10. As it grew throughout the years, the CHURCH needed to acquire use of additional

bi i sa t Pr. h bi i st t o pi t C U C ' complex include: (a) the u d g th a T e u d g h cm re h H R H S ln e k ln a s e Main Sanctuary (i.e., the Recreation Center), (b) the Main Office Building, and (c) the C i r ' Cas o B i i (e i f rh Ma Snt r,h Ma O f e u d g ad h de s l r m u d g hr n t t l n so ln e a e e i ac a t n u y e i fc B i i ,n n i ln t C i r ' Cas o B i i sa b r e e t clcvl a t " H R H S h h de s l r m u d g hl e e r d o o et e s h C U C ' e l n so ln l fr l i y e Cm l " o p x) e . 11. Throughout the years the CHURCH paid for and m i a e t C U C ' a tnd h H R H S ni e Complex and paid for and m d i poe ett t Pr' poe yadt bi i snt ae m rvm n o h a s rpr n h u d g i h s e k t e ln e C U C ' Complex, which include but are not limited to the following: (a) replaced the roofs H R HS on all 3 buildings in the CHURCH Complex; (b) installed and maintained air conditioning and heating units; (c) installed dry-wall in buildings; (d) installed lighting systems; (e) painted

DECLARATION OF PASTOR STAN PETERSON IN SUPPORT OF GUATAY CHRISTIAN F L O H PSMO I NF RP E I N R I J N T O E L WS I' T O O R L MI A Y N U C I N

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(g) installed sound-proofing; (h) installed sound system; (i) installed new carpet and flooring; (j) enlarged existing bathroom; (k) installed new electrical system; (l) replaced doors (fire doors to meet code regulations); (m) updated kitchen (i.e., installed new cabinets and closets); (n) installed new water heater; (o) installed alarm system in all buildings; (p) erected a brick

5 6 7 8 9 10 11 12 13 14 15 16 17 the emergency situation (e.g., FEMA, Salvation Army, Forest Services, Various Fire 18 19 20 21 22 23 24 Party (several times throughout the years); (p) Hallelujah Night - (alternative Halloween night); 25 26 27 28
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wall as a parking barrier; (q) repaired bathroom (behind office); (r) poured cement for a bse a cut( i tl cm n bh d h Ma Snt r fr s b C i r 'Mi sy akt l or s n ae e et ei t bl ; ) s ld n e i ac a o ue y h de s n t n uy l n ir and children living in the Park; and (t) installed new chairs for Sanctuary. 12. Pi t t C U C ' ueo t R c ao r r o h H R H S s f h er t nCenter as a place of religious o e e ei assembly and worship, the Recreation Center was a restaurant, a grocery store, and a U.S. Post Office. 13. In addition to religious assemblies and worship services, the CHURCH

Complex has been utilized for non-religious assemblies and purposes. For example, the CHURCH has provided the Community with the following accommodations, services, and programs: (a) assistance after the 2003 Cedar Fire: staging area for all of the help needed in

Departments, etc.); (b) Voting/Polling Stations; (c) Alcoholics Anonymous; (d) Boy Scouts; (e) funerals; (f) Government Food Distribution Program; (g) Mountain Health Services; (h) Senior Lunch Program; (i) Town Meetings; (j) 4-H Clubs; (k) local Water Department Meetings; (l) Weddings; (m) Missions Outreach­ ongoing help for school in Tanzania and ministries in Mexico; (n) Adopt-a-Highway Program; (o) host East County Ministers-Christmas

(q) Harvest Festival for the community; (r) fundraiser for Pro-Life Organizations; (s) Youth - 30

DECLARATION OF PASTOR STAN PETERSON IN SUPPORT OF GUATAY CHRISTIAN F L O H PSMO I NF RP E I N R I J N T O E L WS I' T O O R L MI A Y N U C I N

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hour fast--Pro-life event; (t) Parents Freedom Ranch.

Loss Program;

and

(u) Alcoholics Anonymous--

14. After almost 25-years of uninterrupted and uneventful activity, on April 16, 2008, t C U T i ud N te f i ao t t Pr, h h te t th C U C ' ue f h O N Y s e a o c o Vo t n o h a w i s t h t H R H S s o e s i li e k c ad a e the Recreation Center for religious assemblies and worship is illegal. If the CHURCH continued its religious assemblies and worship, the 4/16/08 Notice of Violation also threatened to impose $2,500 per day in fines on the CHURCH. At e n cr ccp o t C U T ' A r 1, r ad or toy fh O N Y S pi 6 u e e l 2008 Notice of Violation is filed as Exhibit 3. 15. T ePr d nt ge wt t C U T ' asros n t Pr w n dt h a i o ar i h O N Y S s t n ad h a at h k d e h e ei e k e e C U C ' r i os cv i i t C U C C m l H R H S eg u at ie n h H R H o p xto continue. The Park believed that li i ts e e t C U C ' at ie i t C U C C m l ad Community were not only legally h H R H S cv i n h H R H o p x n the e i ts e e permissible but also of great worth and benefit to the Guatay Community. On May 1, 2008, the Pr' l a cuslC a e A L Pao H r Kn & C l e, eth C U T alt a s e l one hr s . el f a , i k g , l t g o r sn t O N Y ee dn e tr caeg g t C U T ' cnl i t the CHURCH could not engage in religious hlni h O N Y S oc s n h l n e u o at asm l adsec adr i os osi A t eadcr c cp o MrL Pa Ma 1 s b n peh n eg u w r p e y li h . r n or t oy f . el s y , u e ' 2008, letter is filed as Exhibit 4. 16. On May 16, 2008, I l re f m t Pr' l a cuslCharles LePla, that the e nd r h a se l one a o e k g , COUNTY had ordered that the CHURCH cease and desist from engaging in any further

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religious assemblies or religious worship at the CHURCH Complex. The COUNTY contended that religious assemblies, religious worship, and religious institutions were not permitted by the C U T ' l d s od acs O N Y S a ue ri ne. n n

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17. O Ma 2, 08t Pr'o nr n m ngrJh O Fyn sn aee t a n y 3 20,h a s w e ad aae on 'l ,et lt o l e k , n tr l r i n o t Pr i om n t m o t C U T ' at n ad eusn t m t poi e d t fh a n r i h ses e k f g e fh O N Y S cos n r et g h o rv e e i q i e d statements of support, which they did. A true adcr c cp o MrFyns / / lt i n or t oy f . l ' 5 3 8 ee s e n 2 0 tr filed as Exhibit 5 and true and correct copies of letters in support submitted by Bobbi Brink,

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Chuck and Cheryl Rice, Warren and Ann Larkin, and Dr. Elise Larsen are filed collectively as Exhibit 19. 18. On May 30, 2008, the COUNTY sent a letter to the CHURCH (addressed to R vr dPt sn, h hs t ,npr t t" building [the CHURCH is] in is currently ee n e r )w i te i a ,h : The e eo c ad t a approved for sale of beer and wine and to allow live music and entertainment.The letter also " sta st t h cn ne oe t no t C U C a ap c o " t h t ot ud pr i f h H R H s l e f religious assembly"i e a e i ao e a s " illegal.Fnl ,h lt c sdb t et i l aat n gi th C U C . true and " i l t ee l e y h a n g e lco aa st H R H A ay e tr o r en g i n e cr ccp o t C U T ' 5 0 8 eet t C U C ife a E h 6. or toy fh O N Y S / / lt o h H R H sid s xibit e e 3 0 tr e l 19. After receiving the May 30, 2008, letter the CHURCH Membership and I feared being prosecuted and sued by the COUNTY, and, therefore, ceased engaging in religious assembly and religious worship in the CHURCH Complex. i eh C U T ' t et feal Sn t O N Y S h ao l c e r g action, the CHURCH has ceased all religious assembly and religious worship activities. Shortly a er e i t C U T ' Ma 3,08lt , spoke with Deputy County Counsel, Eliot f re i n h O N Y S y 020, trI t cv g e ee J. Alazraki, who confirmed the contents of his May 30, 2008, letter and also informed me that had the CHURCH not ceased engaging in religious assembly and religious worship in the C U C Cm l h" H R H o p x e would have contacted San Diego Gas & Electric and instructed them to e cut all electrical power to [ eC U C C m l ] T e COUNTY would have taken such t H R H o p x. h h e " action without any hearing, court proceedings, court orders, or other due process.

DECLARATION OF PASTOR STAN PETERSON IN SUPPORT OF GUATAY CHRISTIAN F L O H PSMO I NF RP E I N R I J N T O E L WS I' T O O R L MI A Y N U C I N

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20. T e O N Y Sat n o peet gh C U C f m cn ni i ue fh h C U T ' cos f r n n t H R H r ot u gt s o t i v i e o i n s e C U C ' C m l hs us n aybree t C U C adi Me br ee i o H R H S o p x a sbt tl udnd h H R H n t m e ' xr s f e a il e s s ce their constitutional rights to free exercise of religion, freedom of speech, freedom of assembly, and freedom of association. The CHURCH suddenly had no place to hold its religious

5 6 7 8 9 10 11 12 13 14 15 16 17 supply a house cleaner (before and after services) to clean the house being used for services; (g) 18 19 20 21 22 23 24 situation at the CHURCH created by the COUNTY; and (l) as the CHURCH Complex was 25 26 27 28
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assemblies on Sunday mornings and Wednesday evenings. The CHURCH was forced to rely upon the Members to open-up their homes for services, although none was a size large enough to accommodate the entire Membership. Consequently, much of the Membership was not able to attend church at all because of the limited areas in the homes where services were held. The following examples are provided: 1. Substantial Burdens on the Church: (a) quality of sound system--the

C U C ' l g sud yt u le fr ui l osicu nte sd n h hm s(b) H R H S a e on ss m ti d o m s aw r p ol ob ue i t o e; r e iz c h d e no special live singing due to the absence of a sound system; (c) loss of financial support due to low attendance; (d) the CHURCH had to provide supplies in other homes (e.g., water); (e) the CHURCH had to store, transport, and arrange chairs every service; (f) the CHURCH had to

the CHURCH still had to maintain the parking lot, yard, etc. at the CHURCH Complex even though the CHURCH was not being used; (h) the CHURCH continued to pay for utilities (i.e., electricity, propane, phone, etc.) even though the CHURCH Complex was not being used; (i) the w el sri s e nteodd(u t l ko eu m n frh C U C ' ad t e ek e c w r o r re de o a f qi et o t H R H S ui a y ve e c c p ) e o p ministry; (j) no venue for musicians to practice; (k) prospective members were questioning the

empty, a graffiti problem started, which required resources to correct.

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2.

Substantial Burdens on the Membership: (a) many members are not able to

attend; (b) families with children could not come--unlike the CHURCH Complex, there were no classrooms for the children; (c) psychological impact--probably the most traumatic impact w s h Me br i scm leat i m n t the COUNTY would set out to take such at e m e h ' o p t s n h eth sp e os at action against their religious institution--thus making them feel like lawbreakers for merely engaging in religious assemblies and worship services; (d) members with disabilities could not attend because some homes did not have the proper accommodations; (e) extra cost to drive to different locations (i.e., gas); (f) many members had no transportation to attend various locations; (g) bathrooms were inadequate; (h) inadequate parking--members were dropped-off and then th di r hdt sa hfr a i ;id rp o o m m e ' o e; n ( oe e r e a o er o pr n ( iut n f e br hm s ad j n vs c kg ) s i s ) member broke her arm at a home meeting site while coming up the step--afterwards she did not attend any more services. 21. On Sunday, August 10, 2008, we held services in the CHURCH Complex for the first time since being threatened by the COUNTY in May of 2008. The CHURCH was filled with the happy return of the Members and it was a joyous time of celebration at Guatay

18 19 20 21 22 23 24 25 26 27 28 Christian Fellowship. 22. On August 15, 2008 the CHURCH was ordered by the COUNTY to cease holding assembly of any kind in the CHURCH. After the issuance of this letter the CHURCH ceased holding any religious assemblies or worship services. A true and correct copy of the C U T ' A gs1, 08 lt f m C ut C usl l r ioL p cp, s.s id O N Y S uut 5 20,ee r tr o on one Aa a t ei oo Eq ife y zk s l as Exhibit 18. 23. Other than August 10, 2008, services have not been held in the CHURCH since May 30, 2008.
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DECLARATION OF PASTOR STAN PETERSON IN SUPPORT OF GUATAY CHRISTIAN F L O H PSMO I NF RP E I N R I J N T O E L WS I' T O O R L MI A Y N U C I N

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24. Exhibit 31 was prepared by using a map from Google and WORD to create the names of the commercial and religious establishments surrounding the CHURCH. There are commercial establishments to the North, East, and West of the CHURCH directly on Old Highway 80 (e.g., the Garden Store, Hilltop Supply, Guatay Country Store, Dick' Towing, s

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etc.). To the East of the CHURCH is a Jehovah'Witnesses Church, which is exactly ninety-one s feet from the CHURCH' East property line. A true and correct copy of the Map is filed as S Exhibit 31. /////

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DECLARATION OF PASTOR STAN PETERSON IN SUPPORT OF GUATAY CHRISTIAN F L O H PSMO I NF RP E I N R I J N T O E L WS I' T O O R L MI A Y N U C I N

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I declare under the penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Executed on this 28TH day of August, 2008, at San Diego, California.

_________________________________ PASTOR STAN PETERSON

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DECLARATION OF PASTOR STAN PETERSON IN SUPPORT OF GUATAY CHRISTIAN F L O H PSMO I NF RP E I N R I J N T O E L WS I' T O O R L MI A Y N U C I N

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CASE NAME: GUATAY CHRISTIAN FELLOWSHIP v. COUNTY OF SAN DIEGO CASE NO.: 08-CV-01406-JM-CAB

CERTIFICATE OF PERSONAL SERVICE

STATE OF CALIFORNIA, COUNTY OF SAN DIEGO: I am over the age of eighteen years, and not party to this action. My business address is 2635 Camino del Rio South, Suite 109, San Diego, California 92108. I, the undersigned, declare under the penalty of perjury that I served the below name person(s) the following documents: 1. DECLARATION OF PASTOR STAN PETERONS IN SUPPORT OF GUATAY C R S I NF L O H PSMO I NF RP E I N R I J N T O H IT A E L WS I' T O O R L MI A Y N U C I N in the following manner:

By personal service by delivery to ABC ATTORNEY SERVICES, INC. for personal service on August 29, 2008 to the following person(s):

THOMAS D. BUNTON, ESQ. SENIOR DEPUTY COUNTY COUNSEL County of San Diego County Administration Center 1600 Pacific Highway, Room 355 San Diego, California 92101-2469

Attorneys for County of San Diego

I certify and declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Executed on this 29TH day of August, 2008.

_/s/ Peter D. Lepiscopo______ Peter D. Lepiscopo, Esq.

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DECLARATION OF PASTOR STAN PETERSON IN SUPPORT OF GUATAY CHRISTIAN F L O H PSMO I NF RP E I N R I J N T O E L WS I' T O O R L MI A Y N U C I N

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