Judge allows Colorado church to continue sheltering homeless as lawsuit against town plays out
A federal judge has granted a preliminary injunction to a Colorado church that sued the town of Castle Rock after it was barred from sheltering the homeless.
The judge's ruling allows the town to resume sheltering people on church property while the lawsuit proceeds, marking the first time since December that the town forced them to halt, citing a zoning violation.
"So it's nothing fancy," said Mike Polhemus, pastor at the Rock Church, as he opened the door to an RV.
Polhemus is clearing dust from two RVs behind the Rock Church.
"We're back in business in a sense to help those who are struggling and in need," said Polhemus.
It's a victory for the church, which views aiding those in need as a religious duty.
"We love as Christ loved us. We lay down our lives, we'll do whatever it takes to take care of those that are struggling," said Polhemus.
Meanwhile, the town has hired defense counsel to "rigorously defend the zoning authority for communities."
The return of the homeless to the RVs may not sit well with neighbors concerned about property values and safety.
"When the neighbors hopefully get to meet these people as well, they'll see that... these are people just like us that have fallen on hard times," said Polhemus.
Polhemus says the church screens people before they move in.
"We sit down, we meet with them, and we have a contract. We do a background check, we do some different things to make sure that they're a good fit for what we have," said Polhemus.
Before December, Douglas County would refer families in need to the church. They stopped once the town board of adjustment ruled sheltering violated zoning.
The county also pulled out of a workforce housing plan the church was working on, which church attorneys cited in the lawsuit as Castle Rock retaliation.
Now, that low-income housing plan is on hold, but Polhemus hopes the county will refer people to the church again due to the judge's ruling. If they don't, the church will seek other ways to locate those needing shelter.
"As we come into fall and winter, we'll see an uptick in those saying, 'Hey, can I get help, can I come into a trailer where it's warm and get back on my feet?'" said Polhemus.
The judge didn't rule entirely for the church, denying an injunction related to claims of retaliation and concern the town would block a Red Cross partnership.
However, the judge found the church's case likely to succeed, noting the town's zoning imposed on religious beliefs without compelling interest to prevent exercising those beliefs.
"We're hopeful the outcome will mirror the injunction ruling," said Polhemus.
The ruling leaves Polhemus optimistic, hoping the town may settle.
"The hope is we get to the point where instead of fighting this, we can partner to help our community," said Polhemus.
Castle Rock says no comment until reviewing the judge's order.
Attorneys meet August 15 with the judge to set a 2025 trial date after discovery.
