The American Civil Liberties Union claims in a federal lawsuit filed this afternoon that a Jefferson County borough improperly enforced its zoning code, thereby denying a church its right to freely practice its religious ministry to help the homeless.

Filed in U.S. District Court on behalf of the First Apostles Doctrine Church, the suit claims Brookville Borough's refusal to permit the church to house homeless persons in its parsonage is discriminatory and violates the U.S. Constitution and federal and state law.

The lawsuit and the church's pastor, the Rev. Jack L. Wisor, contend the church should be allowed to provide shelter to "guests" in its parsonage because to do so is integral to its Just for Jesus Challenge Homeless Outreach ministry. The borough, located northeast of Pittsburgh, maintains such sheltering violates the municipality's zoning code.

The issue came to a head in the summer when the zoning officer for the borough of 4,600 residents cited the Rev. Wisor for violating the code by allowing three homeless men to live in the parsonage of the 111-year-old church. Following an Aug. 5 hearing, a district judge fined the pastor $500. The Rev. Wisor has appealed the district judge's ruling to Jefferson County Common Pleas Court. A hearing on that appeal is expected next month.

According to the suit filed today, the actions of the borough, its zoning officer, two police officers and another municipal employee violated the U.S. Constitution's First Amendment protection of the exercise of religion; the Constitution's Fourth Amendment protection against illegal search and seizure; the federal Religious Land Use and Institutionalized Persons Act of 2000; and the Pennsylvania Religious Freedom Protection Act.

The suit seeks a temporary restraining order, preliminary and permanent injunctions barring additional discrimination and violations; and payment of compensatory and punitive damages as well as attorneys' fees and costs.