Lawsuit: Burien church says city’s homeless encampment rules violate religious rights

Pastor Mark Miller and the Burien Free Methodist Church, also known as the Oasis Home Church, have filed a lawsuit against the City of Burien.

The lawsuit challenges the city’s requirement that the church obtain a temporary use permit before hosting homeless encampments on its property.

The lawsuit, filed in the U.S. District Court for the Western District of Washington Tuesday, seeks a declaratory judgment, arguing that the city’s regulations violate the church’s constitutional rights to free exercise of religion.

The conflict began after the city enacted Ordinance No. 827 in September 2023, making it a misdemeanor for individuals to use nonresidential public property as a dwelling between 7 p.m. and 6 a.m.

Following this ordinance, the church began hosting an encampment on its property in November 2023, providing shelter to approximately 100 homeless individuals over three months.

The city, however, insisted that the church apply for a temporary use permit, which the church refused to do, arguing that the requirement was an unconstitutional infringement on their religious rights.

The lawsuit also claims that the city’s ordinance conflicts with state law, prohibiting cities from limiting a religious organization’s ability to host an outdoor encampment to fewer than six months during any calendar year.

The church contends that the city’s regulations impose an undue burden on its religious practice and violate the federal Religious Land Use and Institutionalized Persons Act.

Despite negotiations, the dispute between the church and the city remains unresolved.

The church’s lawsuit seeks to clarify its right to host homeless encampments without city interference in the future.

KIRO 7 News has reached out to the City of Burien for comment.

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