OCEAN CITY, Md. - Ocean City is asking a federal judge to stop St. Paul’s by-the-Sea Episcopal Church from operating its overnight homeless shelter, according to a response and counterclaim acquired by WBOC.
The filing, submitted on July 20, comes after the church sued the Mayor and City Council of Ocean City in June, alleging the town’s enforcement actions violated its First Amendment rights and the federal Religious Land Use and Institutionalized Persons Act.
In its response, Ocean City denies violating the church’s constitutional or statutory rights. The town argues the church is operating an unpermitted “barracks-style” shelter inside its assembly hall in an R-3 zoning district where that use is prohibited.
Ocean City says the zoning restriction applies equally to all property owners and is not aimed at the church or its religious practices.
“The Church is not being treated any differently under the Ocean City Zoning Code than any other Ocean City property owner,” the filing states.
The town acknowledges that the Ocean City Fire Marshal previously inspected the property and that the church addressed certain fire-code concerns. However, it says fire-code compliance does not make the shelter a permitted use under the town’s zoning rules.
According to the filing, Ocean City began issuing daily citations and fines on June 8 after warning the church that enforcement would begin if the shelter remained open. The town says it suspended additional citations on June 25 while the federal lawsuit is pending, explaining that it saw no reason to allow the fines to continue mounting during litigation.
The counterclaim asks the court to declare the shelter unlawful under Ocean City’s zoning code and rule that the town’s enforcement does not violate federal religious-freedom protections. Ocean City is also seeking a permanent injunction barring the church, Rector Jill Williams, and senior warden Daniel Harris from continuing to operate the shelter.
St. Paul’s has said sheltering people experiencing homelessness is part of its religious mission. Williams previously told WBOC that the church typically shelters between 25 and 35 people overnight and considers the operation an expected use of a church building.
The church’s original lawsuit asked the court to stop Ocean City’s enforcement actions, invalidate the citations, and award attorneys’ fees.
The competing claims will now be considered in U.S. District Court in Maryland.
