Sunday free parking ruled constitutional

June Casagrande

The city is not violating the establishment clause of the

Constitution by allowing free metered parking near four churches on

Sunday morning, a district court judge has ruled, striking down a

lawsuit by a local man who charged that churches were getting special

treatment.

John W. Nelson, the Newport Beach resident who sued the city over

the practice, said he has not yet decided whether he will appeal

Friday’s decision by Judge David O. Carter.

“I respectfully disagree with Judge Carter that this is not an

endorsement of religion,” said Nelson, who paid about $20,000 out of

pocket in attorney fees for the suit filed in January 2002. “I think

he missed the point. Why is the free parking allowed on Sunday

mornings only at the adjacent churches? The obvious answer is that

it’s an endorsement of religion.”

In his decision, Carter wrote that the city’s exemption of parking

meter charges near four city churches was consistent with the

Constitution on several grounds.

“The primary effect of the exemptions is neither to advance nor

inhibit religion,” Carter wrote. “While the exemptions alleviate

parking problems for those seeking to attend church services, the

metered spaces are not reserved for churches. A reasonable observer

would understand that anyone may park in the metered spaces on Sunday

mornings. The primary effect of the exemptions, therefore, is not to

endorse religion.”

Carter had also argued that the exemptions also help the city to

manage traffic by reducing congestion near churches. Nelson said

that, on the contrary, the parking exemptions create traffic problems

because drivers slow down to see which meters are free.

“We’re very pleased with the court’s analysis of the issues in

question,” said Daniel Ohl, a staff attorney for the city. “I think

the decision vindicates what the council did in the ‘70s . And I

think it vindicates the council’s decision to contest the case.”

The city passed an ordinance in the 1970s to allow free parking

from 8 a.m. to 1 p.m. Sundays at meters near city churches: Because

the most of the city’s parking meters are on Balboa Peninsula, the

only churches affected are Christ Church by the Sea, 1400 W. Balboa

Blvd.; the Christian Science Church and Reading Room at 3303 Via

Lido; St. James Episcopal Church of Newport Beach, 3209 Via Lido; and

Our Lady of Mount Carmel Catholic Church, 1441 W. Balboa Blvd.

Nelson, a self-described agnostic, said he filed the suit because

he is committed to the constitutional principle of freedom of

religion. He said that he and his attorney are examining the law to

determine whether an appeal would be worthwhile.

“Friends have said, basically, why would I spend all this money

out of pocket with nothing to gain, because win, lose or draw, I’m

out $20,000 with nothing to gain financially,” Nelson said. “I answer

that it does benefit me. It benefits everyone because it strengthens

the Constitution and guarantees our religious freedom.

“You can’t put a price on freedom,” he said. “Absolutely, it’s

been worth it.”

* JUNE CASAGRANDE covers Newport Beach and John Wayne Airport.

She may be reached at (949) 574-4232 or by e-mail at

[email protected].