Newspaper Page Text
Page 8, December 23, 2024, The Islander
Federal lawsuit
Continued from Page 1
the homeless.
The Well did close for 65 days. The
city asked The Well not to reopen.
However when it reopened in June
2023, the city asked them to follow the
regulations / guidelines set up in the
new ordinance.
Because The Well had been open
prior to the passing of the ordinance
it did not have to comply with the new
ordinance.
The city also asked The Well to look
for a new location and apply for that
location under the new ordinance.
In June 2023 The Well applied for
a conditional use permit for a new lo
cation on Altama Avenue. The permit
never came before the city commission.
The lawsuit states that The Well
staff met with Brunswick Police Chief
Kevin Jones and sought his help in in
stigating new security measures.
According to the lawsuit The Well
set up a number of security measures,
policies, and procedures for its staff as
well as the people who use The Well
for resources.
At the end of June 2023 city staff
including City Manager Regina
McDuffie met with representatives
from FaithWorks and several Neigh
borhood Planning Assemblies to dis
cuss The Well.
In August 2023 the city filed suit in
Glynn County Superior Court citing
The Well as a public nuisance and to
permanently close the facility.
That lawsuit came to a halt when
the DOJ sent the city a letter saying
it had initiated an investigation into
the zoning and land use practices of
the City of Brunswick pursuant to the
Religious Land Use and Institutional
ized Persons Act of 2000 (“RLUIPA”),
42 U.S.C. §§ 2000cc, et seq. based on
the citjf s attempts to close The Well.
The federal law suit states “The
City’s Efforts to Shut Down The Well
Impose a Substantial Burden on
FaithWorks’ Religious Exercise”
Further “The City has refused to
consider The Well’s enhanced secu
rity measures, procedures and poli
cies, including those adopted at the
suggestion of the Brunswick Police
Department, instead warning The
Well not to reopen and subsequently
seeking a court order to shut The Well
down after it reopened.
“Given these security measures,
the City cannot demonstrate that
shutting down The Well advances a
compelling governmental interest.”
The lawsuit states:
“The Well is a key player in Bruns
wick’s services to those experiencing
homelessness, and the City has relied
on The Well’s services.
“For example, in 2022, the City
prepared an annual report when seek
ing $1.15 million in federal financial
assistance through Community De
velopment Block Grants from the
Department of Housing and Urban
Development.
“In the report, in response to ques
tions about how Brunswick is trying
to “reduce and end homelessness,” the
report extensively cited the services
provided by The Well to those experi
encing homelessness, explaining that
“The Well serves as a resource and
hospitality center to those experienc
ing homelessness during the day,”
and offers services including “show
ers, laundry, case management, as
sistance with medications, access to
mental health care,” among other
services.”
The lawsuit maintains that when
The Well reopened in June 2023 new
operating and enhanced security pro
cedures were put into place and that
the City’s Superior Court lawsuit fails
to acknowledge those measures.
The lawsuit states that in June
2024 city staff including the City Man
ager, Assistant City Manager, and the
Brunswick Chief of Police met with
The Well’s staff and praised them for
implementing procedures that led to
a dramatic reduction in police calls to
The Well.
It also states that the Brunswick
Police Dept, continues to drop off
homeless persons at The Well.
“Brunswick’s efforts to permanent
ly shut down The Well impose a sub
stantial burden on the religious ex
ercise of The Well’s and FaithWorks’
staff and leadership.
“The City’s actions, including its
suggestion that The Well rename it
self and jettison its religious minister,
make clear that the City will not per
mit The Well to operate anywhere in
Brunswick.”
Based on the lawsuit’s statement
that the city’s actions impose a sub
stantial burden on the religious exer
cise of The Well’s staff and leadership
in violation of RLUIPA, the suit asks
for the following:
• that the city stop imposing a sub
stantial burden on the religious exer
cise of FaithWorks.
• that the city “restore The Well to
the position it would have been in but
for the city’s unlawful conduct.”
• that the city withdraw its law
suit and restraining order against The
Well which is in Glynn County Supe
rior Court.
• that the city cease requiring The
Well to submit to conditional use per
mit approval.
• that the city prevent any recur
rence of such unlawful actions in the
future.
• “Awards such additional relief as
the interests of justice may require.”
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