OCEAN CITY, Md. - Ocean City officials issued citations Monday to St. Paul’s by-the-Sea Episcopal Church after the church continued operating an overnight shelter past a town-imposed deadline.
The town had ordered the church to stop allowing people to sleep overnight inside Dewees Hall by June 8. The deadline came after a months-long dispute that began when town officials raised concerns about people sleeping in tents outside on church property. The church later moved the shelter indoors.
Rev. Jill Williams said town officials came to the church shortly after 10 a.m. Monday and served her with a $1,000 citation. She said another citation was issued to the church vestry.
“They served me a citation for not closing the Shelter by the Sea by today’s deadline,” Williams said.
Williams said the church does not plan to pay the fine or stop sheltering people inside the building. She said the church’s attorney has already notified the town’s attorneys that the church plans to seek protection through the federal court system.
“We will file for federal protection so that our rights as a church, to carry out our mission and to live out our faith, will be protected federally,” Williams said.
Williams said the church believes its work is protected under the First Amendment and the Religious Land Use Act. She said the church now expects the dispute to be handled in court.
“There are, on average, about 30 people here a night who have a safe and dignified place to sleep and to have dinner and breakfast,” Williams said.
Williams said the church has helped people find housing, jobs and other places to go since the shelter opened. She said families with children have also come to the church with nowhere else to stay.
City Manager Terry McGean said the town issued the first fines Monday after the church failed to comply with the order and did not apply for a permit.
“They had 30 days to comply. They failed to do that. They even failed to attempt to come in and get a permit,” McGean said. “Therefore, today, we issued them the first fine, and those fines will continue for every day they remain in violation.”
McGean said the town’s concern is not limited to the church operating a shelter. He said Ocean City zoning rules prohibit open barracks-style sleeping in any facility in town, including shelters, employee housing or other forms of housing.
“The zoning and the issue applies to any facility within Town of Ocean City,” McGean said. “We prohibit open barracks-style housing, sleeping. And that’s what’s occurring at St. Paul’s right now.”
McGean said the town is also concerned about whether the building has adequate restroom facilities, but said the church would first need to apply for a permit before the town could provide guidance on a path forward.
“The first step is to come in and apply for a permit to do what you want to do,” McGean said.
Williams said the church no longer plans to seek a partnership with the town and believes the matter is best left to attorneys and the courts.
McGean said he could not speculate on whether the church will take legal action, but said the town is comfortable with its position.
The shelter remained open Monday.
