PRESCOTT - The Safe Harbor lawsuit posed the question: Should an organization that conducts Alcoholics Anonymous meetings have the same rights to operate in a Prescott neighborhood as a church?
This week, a Superior Court judge sup-plied the answer: Yes.
Nearly two years of Superior Court legal proceedings came to a close Thursday with Maricopa County Superior Court Judge Douglas Rayes' ruling that the Safe Harbor center could continue operating out of a former church building that it owns near the Taylor Hicks Elementary School.
The case, which pitted the City of Prescott against Safe Harbor, involved the city's attempt to gain a permanent injunction against Safe Harbor's operation of its center in the north Prescott neighborhood.
In September 2006, the city filed its initial complaint for a temporary restraining order against the center, maintaining that Safe Harbor had violated Prescott code in failing to obtain a conditional use permit.
That led to Safe Harbor's application for the necessary permit, which the city's Board of Adjustment ultimately denied. Safe Harbor's owners later filed a court response maintaining that the city had violated the Religious Land Use and Institutionalized Person Act.
During a December 2006 court hearing, Safe Harbor and its attorney Gil Shaw emphasized the spiritual nature of AA's 12-step program and maintained that federal statute bars governments from interfering in religious matters without a compelling interest.
The city, on the other hand, stressed the impact that Safe Harbor was having on the neighborhood, where many families with children live.
In 2006, Rayes denied the city's initial request for a temporary restraining order, but said the final decision on whether the center could continue on at the location would come later, after more court proceedings.
In this week's minute entry, Rayes - filling in for Yavapai County judges who opted not to hear the case - ruled that Safe Harbor needed no conditional use permit to operate out of the building at 520 W. Delano Ave.
In addition, Rayes' ruling stated, "the city's effort to 'zone' the AA members of Safe Harbor out of the property is a land-use regulation which imposes a substantial burden on the religious exercise of the AA members of Safe Harbor and of AA..."
Noting that Rayes' ruling found in favor of Safe Harbor "right down the line," Shaw said Friday afternoon that the result is a relief for the owners of the Safe Harbor center.
"They hope that meetings will pick up again," said Shaw, who said attendance has fallen off recently because of the uncertainty about Safe Harbor's future. "They want to put this behind them."
While neighbors initially objected to the location of Safe Harbor, Shaw maintained that the center "has been a good neighbor," and that neighborhood objections have quieted.
He added: "This was a big to-do about nothing."
Assistant City Attorney Matthew Podracky said he thought the city had made a good case "that the primary use was something other than a church or a place of worship," and that it was "more akin to a business."
After the judge's ruling to the contrary, Podracky said the city attorney's department would be taking the matter to the Prescott City Council to determine whether to appeal the ruling.
"There seems to be some appeal-able issues," Podracky added.
The council likely will discuss the matter in an executive session Tuesday, during an update on a number of city lawsuits.
Reader Comments
Posted: Sunday, November 01, 2009
Article comment by:
Derek Dean.
As a recovering AA member, sober for 32 years, I have to acknowledge that AA likes to have its cake and eat it. There is no doubt that most alkies take the third step with the attitude 'Made a decision to turn our will and our lives over to the care of God, as we understood Him, but they mentally add the provise 'as long as its Jesus'. The ubiquitous referrals to God as Him leave little doubt in this matter. Notwithstanding that, the thing works. It saved my life and one chooses to be grateful. No one forces me to bow down and adore a God I don't believe in, although I am forced to endure the 'Lord's Prayer' after most meetings. It's a small price to pay.
Posted: Tuesday, July 28, 2009
Article comment by:
No name provided
If it were not for Safe Harbor I would know far too many alcoholics/drug addicts who would not have a place to go to gain the support they need. Just because you have never been an addict should not make you selfish enough to oppose others getting help they need.
Posted: Sunday, July 05, 2009
Article comment by:
No name provided
All of the following courts have ruled that Alcoholics Anonymous is a religion or engages in religious activities: The Federal 7th Circuit Court in Wisconsin, 1984. The Federal District Court for Southern New York, 1994. The New York Court of Appeals, 1996. The New York State Supreme Court, 1996. The U.S. Supreme Court, 1997. The Tennessee State Supreme Court. The Federal 2nd Circuit Court of Appeals in New York, 1996. The U.S. Court of Appeals for the Seventh Circuit. the U.S. Court of Appeals, Seventh District, 1996. The Federal Appeals Court in Chicago, 1996.
The Federal Appeals Court in Hawaii, September 7, 2007, in the Inouye v. Kemna case. But I'm sure they're all just not aware that A.A. is only Spiritual and not in fact Religious. The same way that I am white and not in fact caucasian. Now for my encore I will smell a rose and call it corn. And yet the enlightened city of Prescott AZ does, on a daily basis, sentence drug offenders to complete treatment that compels them to attend A.A. or leave treatment and go to jail. Church and State cozy as lice in the year 2009. It boggles the mind.
Posted: Saturday, March 28, 2009
Article comment by:
No name provided
Has anybody read the 12 Traditions lately? This whole thing violated so many AA traditions it's ridiculous. It also turned AA into a church. Shame on Safe Harbor for dragging the AA name into public controversy. This is precisely why do not allign ourselves with any organized religion.Safe Harbor, not the citizens of Prescott appears to be the offender here ...if the traditions matter any more (which it appears they do not). Safe Harbor doesn't appear so "safe" any more....
Posted: Sunday, January 11, 2009
Article comment by:
Russell
What are the facts….? A good question and not one that any person posting here has both bothered to consider and answer here.
The litigation involved two parties – the City of Prescott and Safe Harbour. Safe Harbour was a business running a rehab centre which used the AA program. It is not part of AA, not sponsored by AA, nor endorsed nor supported by AA. What Safe Harbour says about the AA program – in court or outside – is their business – they do not speak for AA.
The argument in court was whether Safe Harbour had changed the use of the building they occupied by turning into a commercial business using the AA steps. The building had been a church. The relevant zoning law lumped religious use together with spiritual use so if Safe Harbour could say that their use of the building was either religious or spiritual or partly so they were, in every sense, on safe ground.
What the court found in detail when considering this zoning law is not reported. But I for one am not prepared to consult, or rely on interpretations of, zoning law when I want to know what is or is not a religion. Nor will I be consulting the Bible or other similar scripts in order to discover zoning law.
As for the comments made about this news article….well, it may be they are, impliedly at least, rather tellingly revealing about the unenlightened, if not foolish, individuals who mistake prejudice and arrogant and uninformed opinionation as reliable alternatives to evidence, fact, and reason.
Posted: Friday, January 09, 2009
Article comment by:
The AA Secret...
Tell me... if AA doesn't work, then WHY is it still around? I know a few people that attend AA meetings regularly...knew 'em when they were drunk too... NOT ONE of them drinks now...NOT ONE. They now live productive lives, and the funny thing is, by doing so, they don't clog up our legal system, our jails, our prisons by breaking the law. And since they hold down good jobs, guess what? they contribute MORE to this community in the form of small business support and taxes... And all the complainers? are you jealous? because it WORKS? Prescott is one of the premier recovery communities in the nation. The facilities and the People they treat put A LOT of money into our struggling economy. You will find that most AA members are VERY supportive of the community. What are they hurting? do you really think that people show up to their meetings intoxicated??? When you get right down to the nuts and bolts of it, AA is a group of formerly "active" alcoholics that meet, drink a bunch of coffee, and teach each other how to stay sober- by turning their lives over to the care of GOD. Yes, GOD... you know, the guy that most of the churches are built to worship? yea...him. If someone does not believe in God, then they suggest making anything ( an apple, stuffed animal, or even a glass of water) that person's "God" until they finally wake up and see the same God that the rest of us worship in our "regular" churches. To call them a "cult" is absolutely insane, and proves that that person has never, ever attended a meeting of AA. Their ONLY purpose is to keep alcoholics (and addicts) clean and sober - one day at a time.
Posted: Sunday, December 28, 2008
Article comment by:
Al Guevara
AA is NOT religious..yes we're not.. No were not!
This AA group says they should be treated as a religious group, for the purpose of being exempt from needing a permit.
So it seems AandA is happy enough to say it is religious when it suits its purposes.
Bigots are everywhere in AA.
Posted: Sunday, December 28, 2008
Article comment by:
No name provided
a/a is a religious cult, and a very dangerous one at that, you tell people they are "powerless" and it becomes a self-fulfilling prophecy.
Posted: Sunday, December 28, 2008
Article comment by:
No name provided
AA evades the issue of its obvious religiosity when trying to gain new members, but is happy to claim to be religious when it suits its purposes. Its methods are manipulative and dishonest. It pretends to have a solution for something it terms an illness, but has nothing to offer beyond a pseudo-religious recovery cult.
Posted: Saturday, December 27, 2008
Article comment by:
Jane
Posted: Thursday, August 21, 2008 - Article comment by: Anonymous - AA is a sect of recovering alcoholics and has several institutions which front for its primary purpose by busing recovering people to mandatory meetings lest the addict/alcoholic gets booted out of the treatment facility. Alcoholics want it both ways. They always have and they always will- they want what they want when they want it and when they called on it- they play it off as something other than what it is!!! Is it any wonder why they have such a miserable failure rate? They have convinced the courts they are the only way to recovery and/or the most sured way. They dug this hole for themselves and like all alcoholics they refuse to lie down in it.
THE ABOVE IS COMPLETELY UNTRUE AND FALSE INFORMATION ABOUT AA AND RECOVERING ALCOHOLICS.
Posted: Thursday, August 21, 2008
Article comment by:
Anonymous
AA is a sect of recovering alcoholics and has several institutions which front for its primary purpose by busing recovering people to mandatory meetings lest the addict/alcoholic gets booted out of the treatment facility. Alcoholics want it both ways. They always have and they always will- they want what they want when they want it and when they called on it- they play it off as something other than what it is!!! Is it any wonder why they have such a miserable failure rate? They have convinced the courts they are the only way to recovery and/or the most sured way. They dug this hole for themselves and like all alcoholics they refuse to lie down in it.
Posted: Monday, May 12, 2008
Article comment by:
anonymous
Quotes from AA literature;
A.A. is not allied with any sect, denomination, politics, organization or institution; does not wish to engage in any controversy, neither endorses nor opposes any causes.
Alcoholics Anonymous has no opinion on outside issues; hence the A.A. name ought never be drawn into public controversy.
Posted: Saturday, May 10, 2008
Article comment by:
Herman James
I find it appalling to read where a city government would even contemplate the disbanment of such a fine organization as AA. Every municipality needs more of these groups to help those who unfortunately have this deadly medical condition. If anything, more taxpayers money should be allocated to provide medical treatment for alcohholics and drug addicts. This would be money well spent for the betterment of the community. Help your fellow man instead of turning your backs on him! What kink of town is this?
Posted: Saturday, May 10, 2008
Article comment by:
CBGAZ
Judge Rayes showed no understanding of the fundamental and constitutional right of local citizens (through their local government) to control what happens in their communities. The supreme court has repeatedly backed-up this right. This is another example of our judicial system thinking that we the people are somehow subservient to their interpretation of the law, no, not "the" law, OUR law.
Safe Harbor and the property owner lied to the city to get there and then "became" a religion to get around the rules adopted by, and for, the citizens of Prescott.
The city SHOULD appeal!
