Michigan Church Sues Township for Limiting How Many Congregants Can Attend Its Services and How Many Events It Can Hold

A church is suing a Michigan town over its “draconian” restrictions on how many congregants can attend its services and when they can occur. On Tuesday, a conservative law firm, First Liberty Institute, filed a federal lawsuit on behalf of Tarrington Church against Windsor Township, accusing town officials of trying to “severely curtail” religious activity. Tarrington Church acquired an abandoned church building in a residential area in January 2024 and performed non-structural renovations, which it said it received approval for. In October 2024, Windsor Township sent church leaders a cease-and-desist letter that said the congregation was “operating an illegal event venue in a residential zone.” The church was fined $4,500 for hosting three weddings on its property.Windsor Township also limited the church to holding between four and six community events a year, and said that services must be over by 9 p.m. The lawsuit says that there are other churches in the area that have not been subjected to similar restrictions. First Liberty’s complaint says the township has “pursued a multi-year campaign to restrict or prevent the Church from engaging in activity in a church building where people have been gathering for nearly 60 years.”The Tarrington Church argued that because the building it occupies had previously operated as a church that was holding services before the zoning ordinances went into effect, the building should qualify as a legal non-conforming use. However, township officials said Tarrington Church would have to apply for a special use permit, SUP.Attorneys for the church said the township delayed processing the SUP, and claimed the township supervisor and zoning administrator, Bethany Shaw, has a conflict of interest. The complaint notes that Ms. Shaw opposed granting an SUP for the church and pointed out that her “property is a few houses away” from the Tarrington Church. “Despite having a clear conflict of interest as a nearby property owner, Ms. Shaw inserted the weight of her authority as a top Township official against Plaintiffs’ planned religious activity at the Property,” the lawsuit states.First Liberty says the township is enforcing its ordinances “in a draconian manner to severely curtail or outright prohibit religious activity at the Church’s property based upon its own misguided notion of which religious gatherings are religious enough to qualify as protected activity under state and federal law.”The church’s services and activities do not seem to be bothering local residents. One resident, Norman Wightman, told a local TV station, WILX, “I can’t understand, for the life of me, why they’re fighting to have a pleasant church and nice people in the area.”Another resident, Carly Gustafson, told the station that although the town has raised concerns about the church’s activities, she has not heard any “significant opposition” to its events and services. A lawyer for First Liberty, Ryan Gardner, said in a statement, “The First Amendment and federal law protect the right of churches to operate freely from unreasonable and intrusive government interference.”“The Township’s repeated efforts to use the petty tools of government to prevent this church from participating in its religious activities at a site where Christians have been gathering for decades cannot continue,” he added. Windsor Township did not respond to the Sun’s request for comment by the time of publication.

Michigan Church Sues Township for Limiting How Many Congregants Can Attend Its Services and How Many Events It Can Hold

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