Apollos Properties v. Leland Township, Michigan

Until last October, high school students from Leelanau County met for prayer and Bible study at property owned by the VanSteenhouse family.  These Leelanau County students, their family and Campus Life Directors, Micha and Kya Cramer, wanted to establish a new chapter of Youth for Christ.  Youth for Christ is a ministry founded by Billy Graham.  Leland residents, James and Elizabeth VanSteenhouse, bought a building in Leland on North Lake Street for the purpose of providing a location where Leelanau County high school students and their families could assemble for prayer, Bible study and other youth ministry activities.  Youth for Christ Club meeting at the private property did not involve any modifications to the building or any additional use of parking or public infrastructure. ​ But a small group of activists in Leelanau County opposed Youth for Christ Club’s ministry.  These activists demanded Leland Township deny Youth for Christ Club and those students participating in the youth ministry the right to continue meeting at the private property the VanSteenhouse family bought.  Even though Leland Township’s zoning ordinance explicitly allowed clubs in this zoning district, Leland Township’s Planning Commission said the Youth for Christ Club could not meet.  The activists opposing Youth for Christ Club claimed that students gathering for prayer and Bible study were not a “club” but were a “church.”  Leland’s zoning ordinance designated properties in this area of Leland to be a “church free zone” where “Churches and Religious Institutions” are forbidden.   ​ Leland Township’s Zoning Administrator told the VanSteenhouse family and Youth for Christ Club they could meet if they applied for a special use permit and the Leland Planning Commission granted that permit.  Youth for Christ Club applied for a permit.  The Township’s attorney told the Planning Commission that a club for high school students meeting for prayer and Bible study at private property was permitted under the zoning code.  The Township’s attorney also told the Planning Commission that the Township denying individuals the right to assemble for prayer and Bible study was a potential violation of the United States Constitution and federal civil rights laws including the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C 2000cc-2000cc-5 (RLUIPA).  ​ Rather than follow the Township attorney’s advice, a majority of the Planning Commission fired the attorney and a majority of the Planning Commission members voted twice to deny high school students and others the right to assemble for prayer and Bible study at the VanSteenhouse family’s property.  Should anyone defy the Township’s prohibition against assembling for prayer and Bible study at the private property, Leland Township’s ordinance provides a penalty of $500 fine and 93-days in jail for each time individuals assemble at the property. ​ After enduring almost a year of public hearings, rescheduled hearings, resignations of Township board members, the appointment of new board members and some board members suing the Township to extend their term as a board member, Leland Township still denies students the right to meet for prayer and Bible study at the private property on North Lake Street. ​ Leland Township’s prohibition against students meeting for prayer and Bible study at private property is a flagrant violation of the First Amendment freedoms guaranteed by the United States Constitution and Michigan state constitution and violates numerous federal and Michigan civil rights laws. ​ Yesterday afternoon, Apollos Properties, LLC (the entity the VanSteenhouse family established to own the North Lake Street property), James and Elizabeth VanSteenhouse and Micah and Kya Craner filed a lawsuit in the federal district court for the Western District of Michigan.  The lawsuit asks the federal court to find Leland Township violated the First, Fifth and Fourteenth Amendments to the United States Constitution, the Michigan Constitution and numerous federal civil rights laws and Michigan state law.  The federal lawsuit asks the court to declare that Leland Township’s zoning ordinance is facially unconstitutional and unconstitutional as applied to persons assembling for prayer and Bible study at the private property on North Lake Street. ​ “This case is much more than a zoning dispute,” said James VanSteenhouse.  “Leland Township’s denial of the constitutional rights and First Amendment freedoms guaranteed by our Nation’s Constitution cannot stand.” VanSteenhouse continued to explain, “Leland Township could have allowed Youth for Christ Club to meet at our property on North Lake Street and there would be no drama.  We don’t want a lawsuit.  All we desire is the opportunity to proclaim the Gospel and provide an opportunity for Leelanau County youth to learn about Jesus Christ.”  ​ Because a majority of the Township’s Planning Commission twice denied Youth for Christ Club the right to meet for prayer and Bible study at the VanSteenhouse family’s property, it became necessary to file this lawsuit to enforce Youth for Christ Club’s constitutional right to assemble. ​ Thor Hearne is the lead attorney representing the Plaintiffs.  Hearne’s family has been part of the Leland community for more than one hundred years.  He is a prominent constitutional attorney with more than forty years of experience litigating constitutional and civil rights cases in federal court, including arguing cases before the United States Supreme Court.  Hearne was also President George W. Bush’s national election counsel and represented President Trump in numerous federal cases.  The Traverse City firm Parker and Harvey with their partners Robert Parker and Todd Miller are co-counsel in the federal case, and Parker has represented Apollos in the zoning matters before Leland Township. ​ Hearne said, “I love Leland.  I grew up in Leland.  My family has been part of the Leland community for more than 120 years.  I am very sad that it has come to the point that high school students seeking to gather for prayer and Bible study at private property have to file a federal lawsuit to defend our right to do so.  The small group of activists opposing Youth for Christ Club should be ashamed of themselves.” He added, “I am honored to be able to stand with, and defend, the constitutional rights of Youth for Christ Club and these students’ right to assemble for prayer and Bible study.” Micha and Kya Cramer said, “We are gratified so many families in our community have come along side and supported this ministry to Leelanau County youth.”