Catholic charity sues Massachusetts town over ruling homeless shelter isn't 'religious use'
According to the complaint, the Zoning Board of Appeals of Banstable, Mass., stated that "there needs to be an overt religious act, and it can't be only that the motivation is religious."
Catholic Charities of the Diocese of Fall River has sued the town of Barnstable, Massachusetts, after the Zoning Board of Appeals ruled that operating a homeless shelter is not a “religious use” under the Massachusetts Dover Amendment. This decision blocks the charity's plan to relocate its 50-bed St. Joseph’s House shelter to a larger facility. The lawsuit, filed in U.S. District Court, alleges violations of federal and state religious-liberty protections, arguing that providing shelter to the homeless is a core Catholic religious obligation. The Zoning Board of Appeals stated that “there needs to be an overt religious act, and it can’t be only that the motivation is religious,” overturning a previous building commissioner's determination. Father Thomas Washburn emphasized, "Operating a homeless shelter is not separate from our religious mission. It is one of the most important and central ways that we fulfill it."
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