-Submitted by David Drumm (Nal), Guest Blogger
Michael Salman, a pastor from Phoenix, Arizona, is currently serving 60 days in prison. He was also sentenced to three years probation and was ordered to pay a $12,180 fine. Salman’s crime? hosting weekly Bible studies on his 4.6 acre property. Salman is being represented by John W. Whitehead, president of The Rutherford Institute, who has petitioned the Arizona Supreme Court.
Whitehead said: “That Michael Salman and his family and friends are not allowed to gather in private to study the Bible goes against every founding principle of the United States of America.” Sounds like a serious violation of the First Amendment.
The City of Phoenix doesn’t agree that this is an issue of religious freedom:
- [Salman’s] case is about the building that is used for regular assembly does not meet construction and fire code requirements for assembly
- All houses of worship in the City of Phoenix must conform to the same codes
The City of Phoenix investigated neighbors’ repeated complaints and found numerous fire safety standards violations. Salman has repeatedly ignored opportunities to comply with fire safety standards. Whitehead responded: “I don’t think God intended on us to obey unlawful ordinances. If so, He must be pleased with Hitler huh?”
Apparently those “unlawful ordinances” include taxes since Salman claimed church status for property tax exemption purposes.
Salman was found guilty of 67 Class 1 Misdemeanors, out of 96 civil code violations. Salman appealed and the Maricopa County Superior Court which upheld the convictions stating:
[T]he Defendant was engaged in public or church activities, and further that Defendant’s convictions did not violate his Constitutional right to religious freedom.
H/T: Alethian Worldview, examiner, azcentral, examiner.
Otteray Scribe
Consideration has nothing to do with equality under the law, What is good for the goose is good for the gander.
I was all for the pastor until I read he’d claimed his home to be a church for property tax purposes. Other churches have to comply, so should his.
Jim, we are talking about being a full blown nuisance to the neighbors. What if you want to have a once in a lifetime wedding reception for your kid, only to have 80 or so cars parked up and down your street, blocking access? Being a person of faith has nothing to do with it. Being a considerate neighbor does.
Reminds me of the 1800′s and Joseph Smith, the religious folk magic guy, running around with his magic stick hunting for treasure … voila, Mormonism.
Blouise, I live in Roch. NY. just a few finder stones throw from Palmyra NY. home of the Hill Cumorah.
Yes, Joseph Smith sure did find Gold, then he found people that liked shiny words, then he found more shiny word talkers, then ….etc etc. Mitt Romney became President, NOOOOOOO!!!!!
I’m going out in my backyard tonite and look for stones, who knows;
….. “I COULD BE A CONTENDA” :O)
Otteray Scribe
There is no difference except for regularity. The attendance is what creates a problem. How many times does one have to sin to be a sinner? Once!! It makes no difference on how many times it occurs.
Great story nal…..
Mespo,
Maybe they are teaching about the wages of sin in this case is code compliance …… Or how close can you say you’ve been to hell….. In dealing with anyone in Maricopa County…..
For those who cannot see the difference between a wedding party, which is hopefully once in a lifetime, and regular Sunday and Wednesday services, let me put it simply: PUBIC NUISANCE PARKING!
Not to mention lying about the purpose of the “garage” or whatever.
Apparently those “unlawful ordinances” include taxes since Salman claimed church status for property tax exemption purposes.
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He doesn’t get church status unless he wants to put the word “Church” on the front of his house. Send in the Fire Marshall to check the receptacles (electrical).
I worked in an office complex where there was a church. Who wants to put a church in an office building?
I worked for an electrical contractor in Boise, ID where the neighbors were getting pi**e* because of all the cars parked on the street. The contractor was operating the business out of the basement of his house.
One day there wasn’t anywhere to park, so I parked in front of the neighbor’s house across the street until they could move some of the service trucks. The neighbor guy was perturbed. He came out of his house. He had his wife and daughter with him. The little girl said “don’t beat up my daddy.” Then one of the other neighbor guys said “okay, I’ll move my car.” The other neighbor guy said he knew karate. Nice enough.
Move it to an industrial park.
Malisha
What about people who host wedding parties or graduation parties where there are 80 people attending? Should they come under the same scrutiny because the safety concerns are no different?
He got a permit to build a family game room and was told at the time, that it could not be used as a church or meeting place for large groups. The neighborhood was not zoned for it and the plans did not include required safety items like adequate number doors etc. He wasn’t arrested for preaching – it was all code violations that he was well aware of from day 1.
Bettycath
“Even the commercial uses you cite, tupperware and avon parties, fall into the residential category because they are still gatherings of family and friends.”
Christians are all part of the family of God and therefore family.
A correction to my last post: “…book club meetings, chess club meetings and other such concurring gatherings…”. I meant “recurring” instead of “concurring”. Sorry ’bout that!
Bill W
Taxing Religious liberty is not constitutional. Our inception which was celebrated earlier this month requires that we have a right to property and what one does in their property is their business. A great deal of leniency was extended to the wall street protesters who caused damage to cities and businesses with physical destruction and just their presence but this pastor did nothing to harm anyone. As for traffic concerns, people attending garage sales create more havoc. Finally, what about homes where there are many kids. Are fire codes inflicted upon those private homes to the same degree as commercial entities? This was a clear over-reach and only angers the base of the Republican Party acknowledging that government is out of control.
bettykath
While there is still murkiness concerning such meetings as book club meetings, chess club meetings and other such concurring gatherings held in private residences, I would like to extend to you my deepest respect for your concise, clear response to my post. Your response was clear, factual and respectful, unlike Id707 and mespo727272 who just can’t resist adding a personal dig in their rebuttals. A lesson to those whose lack of respect for thier fellow readers: don’t insult someone’s intellect until you fully know them. Kudos to bettykath and others who recognize this obvious courtesy!
idealist707 1, July 21, 2012 at 10:27 am
The Constitution says (paraphrased): Congress shall make no law with respect to religion…..
Here the law (local) probably says: No structure admitting the public shall be allowed to open unless such ordinances under the building and fire codes have been followed and inspections have confirmed this conformance.
No link to religion there—–IS THERE???
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No, safety codes, when properly enforced, do not impair religion.
Bill,
“… the law must therefore apply to ANY gatherings of a group of people in a private residence.”
No. The difference is the purpose of the structure. A residence is one thing, a place of assembly is another. More than one meeting a week, sometimes of up to 80 people, is a place of assembly.
Your examples of gatherings held in a residence are occasional and of family and friends, generally on the basis of personal invitation. The primary purpose of the structure is that of residence. Even the commercial uses you cite, tupperware and avon parties, fall into the residential category because they are still gatherings of family and friends. The one who does it on a commercial basis is the demonstrator who moves about from one home party to another and probably has a home office elsewhere which is not a gathering place. Someone who holds lots of repeat parties will soon run out of family and friends willing to attend and the problem fixes itself.
Oh. the message is that the prongs of the First Amendment, including that one about religion, have their exceptions. Now this guy will build a flock in a place where they really need him, You can bet that he will keep on fleecing the flock where ever he goes. The Lard works in strange ways. So does Crisco.
I heard this story from the dog pack. A blind guy went to the court hearing on this case with Gus, his trusty, but yakative Labrador. When the lawyer for Pature JoeBob started in on the First Amendment, Gus yelled out: “Fire!”
Well it was a crowded theatre of sorts and after they calmed down and looked around to everyone but Gus to see who yelled, the got the message.
I’m with Hechicera on this one, but there are larger issues inevitably involved (and we won’t know how, or which, because there are distractions). YES if you’re having 80 people to your residence for a party they should be safe and you should be required to make sure they’re safe. But of course, people have homeowner’s insurance to take care of problems there. YES, a church should be tax exempt under our legal code and with that exemption there are other benefits and probably they include exemption on the building that houses the clergy, etc. BUT YES, they have to comply with codes for those uses, and YES, violations should be fairly and appropriately punished if compliance has been both noticed and refused. So a lot of defensive screaming about the violation of the First Amendment is probably all hot air and being used to add fuel to the false fire of “People are discriminating against Christians” and so forth. My question would be this: If FOX NEWS is so riled up about the mistreatment of this pastor, why don’t they raise money to bring his fine establishment up to code and stop carrying on about the rest of it? IF he gets arrested for Bible Study AFTER he is up to code, then sue on his behalf and take it to the US Supreme Court if necessary. But to start with, build this humble preacher the fire escapes and other amenities his church needs so that his followers are safe while they study and worship.
Bill W:
“In regards to the vigilant law enforcers looking after safety of the worshippers in Salman’s meetings, the law must therefore apply to ANY gatherings of a group of people in a private residence. Therefore, any party assembly (i.e.: birthday parties, “holiday” parties, bar-mitzpahs, quincineras, tupperware parties, avon parties, etc.) must be considered unlawful due to safety regulations.”
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No, BIll that’s not the way the law is written and you know it. You must be thinking of how religious law were interpreted and enforced by European Christian monarchs before this country was founded. Here there was an antagonism to theocracy and a firm desire to separate church and state. Given you’re mind set your error is not all that surprising.