Appeal hearing is Fairfield homeless ministry's last shot at re-opening without paying six-figure fine
FAIRFIELD -- A city-versus-church saga continues to unfold in Fairfield as a popular homeless ministry pushes back against a six-figure fine it has been ordered to pay.
Back in October, CBS13 reported that City Church Fairfield was appealing that fine to the City of Fairfield's planning commission, hoping that the commission would drop the payment as a condition of the ministry's reopening.
"After two years, I finally felt relieved that we were making headway, that we were actually seeing light at the end of the tunnel," Pastor Scott Mulvey said.
The planning commission at its October 9 meeting voted 7-0 in favor of the church, but for Pastor Mulvey, the good news was short-lived.
Just days later, at the next Fairfield City Council meeting, Mayor Catherine Moy asked for an appeal on the commission's ruling. The motion was seconded by Councilmember Rick Vaccaro.
"To say that you don't trust the very people you appointed in a unanimous vote, that's unheard of," Mulvey said of the council possibly overturning the decision of the planning commission.
Mulvey said that the church cannot possibly pay the more than $310,000 in fines the city levied against the church for operating its ministry in violation of city code.
Back in March, the ministry of 17 years was shuttered when parts of its building were red-tagged and deemed unsafe by city inspectors.
Now, for a final time, the ministry's fate goes back before the city.
"I felt the same as the people that were asked to leave our ministry and go back to the street earlier this year, taking every ounce of hope from them. That's probably the feeling I had. How could logical people make such a decision?" Mulvey asked.
The hearing on the appeal is on the agenda for Tuesday's city council meeting at 6 p.m.
"The thing that hurt the most was we have other agencies depending on us opening. They are turning people away. They call us and say, 'Hey, we heard the decision went in your favor. Can we start sending people your way?' We had to say, 'No. Change of plans. Something happened just a few days later that put a stop to everything,' " Mulvey said of Moy's decision to appeal.
Mayor Moy sent CBS13 the following statement on Monday:
"The City Council wants to ensure that we are consistent when handling issues that have to do with public health and safety. The police and fire experts applied fines per city policy. We can't pick favorites. People must know that staff offered to drop all fines if the violations were cleared. But staff faced resistance from City Church. This is why the fines remained… The church resisted before they went to the media with their story. They wouldn't let inspectors in. They ignored the issues raised by city inspectors. I think we're on the right road now. It will work out."
The church's "life school" helping connect the homeless to vital resources, overnight shelter and free medical clinic has been closed since the buildings were red-tagged.
The only service they have been able to continue to provide is distributing free meals and household goods to those in need in the Fairfield community.
Mulvey said the clock is ticking and he wants to reopen all of his ministry before the holidays and as winter weather moves in.
"It's getting really cold. There have been people from our [ministry] that have gone on the street and died. You are gonna see an increase in deaths. It's as though nobody cares. Nobody cares," Mulvey said.
Mulvey said that City Church Fairfield has addressed their building issues and will resolve the last remaining upgrades needed, like installing a fire door, when they are approved to reopen.
The city council will make the final call on Tuesday on whether the fine will be dropped as a condition.
If the council votes in the church's favor, Mulvey says the "life school" and free medical clinic could reopen within a month.
But what if the six-figure fine is upheld?
"We will see them in court. We will sue. In fact, we are prepared to sue them right now," Mulvey said.
City Church is being represented by attorneys with the Pacific Justice Institute. In a statement, attorney Matt McReynolds said, in part:
"As we've pointed out to city officials over the past few months, federal law is not in their favor. Just within the past year, federal courts in Oregon and Southern California have sharply rebuked cities for very similar mistreatment of outreaches to the homeless. There shouldn't be any need for Fairfield to go through a drawn-out legal battle where everyone loses. The City Council can and must do the right thing and help—not hinder--the longstanding, life-saving work of City Church."
