Fighting Back: Legal Challenge Filed Against Unconstitutional Ordinance Targeting Ministry to the Homeless

As we previously reported, members of three different churches, including a pastor, face criminal prosecution simply for feeding the hungry and sharing the Gospel in a public park. Now, the ACLJ has filed comprehensive motions to dismiss (here, here, and here) these unjust charges, arguing that the city’s ordinance is blatantly unconstitutional.

A Law Written To Stop the Gospel

For over four years, volunteers from three local congregations gathered peacefully every Tuesday and Thursday at E.B. Rains Jr. Memorial Park. They came to serve weekly meals, pray, study Scripture, and minister to homeless individuals – living out Christ’s command to feed the hungry and care for “the least of these.” For four years, there were no incidents, no complaints, no problems.

Then in July 2024, everything changed. The Northglenn Chief of Police arrived at one of the gatherings and informed participants he had been “tasked with shutting down” their ministry. City officials called an exclusive meeting with the pastors, telling them they could not continue. No other groups using the park received similar treatment.

The city’s intent became crystal clear when, in June 2025, the Northglenn City Council enacted Resolution CR-54 to stop the church gatherings.

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An Unconstitutional Overreach

Our motions to dismiss (here, here, and here) expose the numerous constitutional violations embedded in CR-54. The ordinance prohibits “group use” – defined as merely five or more people – from using park pavilions “on a recurrent basis.” Under this vague standard, a family of five sitting on the same park bench twice could theoretically be cited.

The regulation fails constitutional scrutiny on multiple fronts:

Vagueness and Overbreadth: CR-54 leaves ordinary citizens guessing about what conduct is prohibited. What does it mean to “monopolize” a facility? How does one “impede open access”? Even the officers who issued citations admitted they didn’t know how to apply the law. This vagueness invites arbitrary and discriminatory enforcement – exactly what we’ve witnessed.

Not Narrowly Tailored: E.B. Rains Jr. Memorial Park spans 28 acres with eight pavilions capable of accommodating over 400 people. The ministry’s gatherings of 20–40 people cannot reasonably be said to monopolize this vast public space. The ordinance sweeps in hundreds of harmless activities to potentially stop one: religious ministry to the homeless.

Religious Targeting: The evidence of religious discrimination is overwhelming. Officers asked ministry participants, “How many people are part of your church?” and recorded which churches they represented. If CR-54 were truly about group size, why would religious affiliation matter? Meanwhile, pickleball groups, walking clubs, refugee gatherings, and special needs daycare groups continue using the park recurrently without interference.

Viewpoint Discrimination: The selective enforcement reveals the city’s true motive: suppressing religious speech. By enforcing CR-54 only against religious gatherings while permitting secular groups to continue unimpeded, Northglenn has engaged in unconstitutional viewpoint discrimination.

Standing Firm for Religious Freedom

Our clients refuse to abandon their calling. Feeding the hungry and sharing the Gospel isn’t just a hobby – it’s who they are as followers of Christ. Scripture compels them to serve “the least of these,” and no unjust ordinance should prevent them from obeying God’s command.

The motions we’ve filed urge that the court recognize what the facts plainly show: CR-54 is an unconstitutional regulation designed to silence religious expression in the public square. Public parks have, since time immemorial, been places where citizens gather to communicate ideas, practice their faith, and serve their communities.

These three defendants face criminal prosecution for living out their faith. But they’re not backing down, and neither are we. The ACLJ is committed to defending our clients’ constitutional right to freely exercise their religion and speak their beliefs in public spaces.