A controversy pitting Church v. State in a tiny Jefferson County community has traveled 100 miles southwest to the much larger stage of federal court in Pittsburgh.

A lawsuit filed yesterday on behalf of the First Apostles Doctrine Church by the American Civil Liberties Union alleges the borough of Brookville (population 4,600) improperly enforced its zoning code to bar homeless people from staying in the church parsonage.

In the lawsuit, the ACLU contends the church must be allowed to provide shelter to "guests" in its parsonage because doing so is integral to its Just for Jesus Challenge Homeless Outreach ministry.

It claims the municipality and four of its employees violated the U.S. Constitution's First Amendment protection of the free exercise of religion and the 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 question is 'Does [the zoning] pose a substantial burden on the ministry?' " said Witold Walczak, legal director for the ACLU of Pennsylvania. "The answer is 'Yes.'

"The notion is that the law protects people's religious practices beyond just services and prayer meetings. It includes the full range of a religious ministry, in this case ministering to the homeless.

"I think this case resonates even more because of the economic climate. We're seeing record foreclosures and literally thousands of people losing homes every month. It is very difficult to comprehend why Brookville would close down this very important ministry."

Borough Solicitor Stephen French said he hadn't yet seen the lawsuit and therefore couldn't comment on it specifically.

"Our position is we're merely attempting to enforce the zoning ordinance. We're not doing it in any way that is discriminatory," he said.

The borough has said that no one can stay overnight in the church because it violates zoning that prohibits "group housing." But the ACLU claims the group-home classification isn't applicable because that refers to a "licensed care facility" such as a nursing home. Moreover, the lawsuit notes, the church is located in a zone that permits a mix of commercial and residential uses.

The lawsuit seeks a temporary restraining order, preliminary and permanent injunctions, and payment of compensatory and punitive damages as well as attorneys' fees and costs.

Attorneys for the church and the borough will have a status conference this morning with U.S. District Judge Donetta Ambrose.

The church's pastor, the Rev. Jack L. Wisor, said going to court was the only way to force Brookville to follow the law of man so his church can follow the will of God.

"Not only are we being denied the right to live out the Gospel," he said, "but the homeless and the needy are being denied the right to be cared for by Almighty God.

"Unfortunately, Brookville cannot clearly see the big picture yet, and therefore we are forced into pursuing legal action. It's obvious this is what God has in His plan."

Despite having operated since 2004, the homeless ministry became an issue in July, when borough zoning Officer Robert Receski cited the Rev. Wisor for violating the code by allowing three homeless men to live in the parsonage, which has five bedrooms and three bathrooms and is attached to the 111-year-old church.

Following an Aug. 5 hearing, a district judge fined the pastor $500. The Rev. Wisor appealed the district judge's ruling to Jefferson County Common Pleas Court. A hearing on that appeal is expected next month.

Earlier this month, the ACLU sent a letter to council, asking that an intern pastor and five guests be permitted to stay in the parsonage while the appeal was pending. Council members voted 6-0 not to do so.

In addition to the borough and Officer Receski, other defendants in the lawsuit are borough police Officers Mark Humes and Vincent Markle and borough employee David Vallosio. The lawsuit claims they violated the church's Fourth Amendment rights on Sept. 4 when Officer Humes climbed through an open window and opened the door for the others after church officials refused to let them enter without a warrant.

According to the lawsuit, Officer Receski used vulgarity in ordering four homeless men who were helping clean the church sanctuary to leave the premises. He and the other borough employees then searched the church property, presumably to find evidence of further zoning violations. No citation was subsequently filed.

The ministry's guests -- disabled military veterans, senior citizens, low-level offenders, evicted homeowners and renters, and people referred by mental-health agencies -- were closely monitored by the church's staff, the lawsuit says, adding that no alcohol or drugs were permitted on site and no serious problems have been reported.