Chuck and Stephanie Fromm paid $200 in fines after receiving at least two citations from the city of San Juan Capistrano. They appealed the tickets to a hearing officer who sided with the city, leading to the August 31 lawsuit in Orange County Superior Court.
“How dare they tell us we can’t have whatever we want in our home,” Stephanie Fromm said. “We want to be able to use our home. We’ve paid a lot and invested a lot in our home and backyard … I should be able to be hospitable in my home.”
The Fromms are 18-year residents of Capistrano, moving to their Capistrano home on Branding Iron Road from Laguna Niguel because they saw it as a good place to raise their children—they have five—and run their business. A historic town with a strong equestrian lifestyle, Capistrano is officially 50 years old but grew up around the 234-year-old Mission San Juan Capistrano. Chuck Fromm is publisher of Worship Leader Magazine. Worship Leader is an international 20-year-old magazine for pastors, worship leaders, musicians, vocalists, sound and visual techs, technology stewards, artists and others.
Stephanie Fromm hosts a Bible study on Wednesdays that draws about 20 people, while Chuck Fromm’s Sunday-morning gathering draws as many as 50. But in the neighborhood of large homes on even larger lots—the Fromms live in a 4,700-square-foot home on a parcel that also has a corral, barn, pool and huge back lawn—Stephanie Fromm said parking was never a problem. Neither was noise, she said.
“There’s no singing or music,” she said. “It’s meditative.”
But according to city records, a code-enforcement officer gave the Fromms a verbal warning about the meetings in May. Citations were issued in May and June, according to city records. San Juan Capistrano City Attorney Omar Sandoval said the city had not yet been served with a copy of the legal action, so he could not comment.
The Fromms’ citations say they violated section 9-3.301 of the Capistrano Municipal Code, which prohibits “religious, fraternal or non-profit” organizations in residential neighborhoods without a conditional-use permit. The footnote on the section says it “Includes churches, temples, synagogues, monasteries, religious retreats, and other places of religious worship and other fraternal and community service organizations.”
Capistrano’s code-enforcement department is reactive, meaning officers only respond to complaints. Stephanie Fromm said most residents in the neighborhood, off Rancho Viejo Road north of Junipero Serra Road, are supportive of them, although at least one neighbor has voiced concerns.
“We don’t like lawsuits, but we have to stand up for what’s right. It’s not just a personal issue,” Stephanie Fromm said. “Can you imagine anybody in any neighborhood, that one person can call and make it a living hell for someone else? That’s wrong … and it’s just sad.”
The Fromms are being represented in their lawsuit, an appeal of the hearing officer’s decision, by Michael Peffer of the Pacific Justice Institute in Santa Ana. The trial is set for October 7 in Laguna Hills.
Next I looked up the code 9-3.301. It calls for "low density" residential uses only, with the exception of being able to apply for "conditional use" permits for exactly what they are doing. Other things that fall into this category are Bed & Breakfasts, Child Care, Animal raising, non-profit organization, and more. In other words this has NOTHING to do with religious freedom. From what I gather they are welcome to apply for a condition use permit. Until they do, they are breaking the law, just as a neighbor trying to watch 10 kids once per week, or another taking in paid guests every week.
When you have 50 people over to your house on a regular basis for any reason...GET A ROOM!
1. And they, continuing daily with one accord in the temple, and breaking bread from house to house, did eat their meat with gladness and singleness of heart Acts 2:46
2. And daily in the temple, and in every house, they ceased not to teach and preach Jesus Christ.
Acts 5:42
Aside from the obvious inhibiting effect on freedom of speech, religion and assembly, there is a 5th amendment issue of eminent domain.
...nor shall private property be taken for public use, without just compensation.
It would seem that a finding of facts could lead to a conclusion that $300-$500 per week fines and warnings of more harassment without any damage to the community is a public taking. It has also not been that long since Prop 99 was passed in June 2008, the backlash to the Kelo vs. City of New London case. Homeowners in Orange County and elsewhere in our country enjoy private property rights. This is like having to pay additional property taxes.
We also have the 8th amendment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The fines and any structural modifications in this case may be found to be excessive.
When in doubt, as referred to above, we have this guidance:
Then Peter and the other apostles answered and said, we ought to obey God rather than men. Acts 5:29.
It is quite all right to cry out to God-ordained authorities for justice, including court or a city council. And if those authorities do not seem all that godly, then perhaps it's time to pray for them, encourage them, and set an example for them and in some cases to vote them out.
Or does Acts 4 apply here:
18 So they called them and commanded them not to speak at all nor teach in the name of Jesus. 19 But Peter and John answered and said to them, “Whether it is right in the sight of God to listen to you more than to God, you judge.
The ordinance is not telling them that they cannot preach Jesus. It's telling them that they can't have their meetings where they preach Jesus in the residential area.
Firstly, I think the problem is the city code. How come this wasn't fought against when it was being enacted into a city ordinance? Was everyone involved so dull that they could not foresee this as a problem?
I'm not so sure bringing suit against the city is a good thing and approved by God. The Word certainly speaks of how wrong it is to bring suit against a fellow believer in 1 Corinthians chapter 6 but since the suit is against the city is it justified?
Instead of a lawsuit against the city I would have, instead, fought to get the ordinance repealed in some way. Or is that what the lawsuit can do? I'm no legal expert. This ordinance will continue to be a problem now that the bible study has exposed it's flaws.
We, as Christians, however, are called to endure persecution. If the lawsuit is continued to be pursued I would hope it would be done with the UTMOST humility and respect for the governing authorities.
My question would be...what if someone were having a tupperware party and doing the same thing? And as someone else appropriately pointed out...what if it were Muslims studying the Koran?
If the spirit of the ordinance is to protect investors so that the neighborhoods don't become overrun with traffic, etc. then why did it target "“religious, fraternal or non-profit” organizations? Again, wouldn't a tupperware party cause the same problem? Wouldn't network marketing meetings do the same thing?
Seems there was a serious bias which motivated this ordinance. Where were the voices when it was being mandated? That's where the biggest error occured. Seems the citizens are not holding the city council accountable here.
Whatever happens I hope that the Christians who have been going to the bible study have actually been getting God's words down deep in their soul 'cause we're not supposed to be like the world and being sue happy just because of some persecution. I'm not saying there is never a time to sue because there is a time for everything under the sun but typically I would not think a lawsuit to be necessarily a good thing. An appeal? Certainly! Paul appealed to Caesar. Paul pleaded his case with the secular government but he certainly did it with the utmost respect and humility.
So I hope my brethren in Caly will do the same and you are in my prayers. The world is doing what the world does. We need to be sure we're doing as a Christian is supposed to do.
To my brethren in Caly who are involved in this....may the Lord bless you and keep you and cause His face to shine upon you. Prayers going up for you and your situation.
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Love does no harm to its neighbour. Therefore love is the fulfilment of the law. Romans 13:10
I understand that the Fromms must be upset that their neighbor has called code enforcement. But as a Christian it is our job to set a good example and serve others. The law is in place for good reasons therefore it is the responsibility of the Fromms to go in front of the Council and discuss their problem with civility and respect for all.
If in fact the law is not right then we the people have the right to amend it. The City of San Juan is NOT taking away any ones religious rights.
I have a suggestion for the neighbors who are complaining about a bible study in their neighborhood. Why don't you join it instead of complaining about it.
I'm not sure if the residents are aware of their city's motto, "Preserving the Past to Enhance the future." Note to city council: This country's and your own city's past has been bathed in church, bible studies and prayer. I will keep the Fromm family in my prayers, that God will honor their efforts to study His word in their home and share it with others.
First, a Bible study is harmless. If a crack house was being reported or riotous behavior was disturbing the peace, by all means, complain and report it. Neighborhoods and cities need to be protected against such intrusions and violence. However, reporting a peaceful Bible study and then labeling it as illegal, for whatever reason, is an insult to intelligent residents in light of the real and horrible things that come against a city's peace and prosperity that must have assertive attention and personnel dispatched to remedy things.
On a scale of 1 to 10 (10 being the worst), how does a Bible study rate against things such as domestic violence; assault; robbery; drug sales; gang violence? Give these enemies to society high numbers, 7-10. However, a Bible study does NOT even belong on a scale of violence and ills that plague a city.
What is worse, or at least as bad as a cowardly complaint that stirs the tranquility of a neighborhood and costs multiplied thousands of dollars needlessly, is the shamefully timid public officials, politicians, who are as cowardly catering to a miniscule amount of public opinion rather than hold to convictions that should protect our liberties against fraudulent codes and enforcements that are unconstitutional.
The Bible and the groups associated with it are benevolent and positive additions to a city. They feed the homeless, comfort bereaved in times of crisis. They teach people how to be good citizens and serve our fellow-man without discrimination or preference. They provide extracurricular activities for children and youth that add a quality and affirming dimension to their lives that may otherwise be froth with hopelessness or devastating challenges. And, public officials will permit a cowardly, covert complaint to launch a battle that will cost thousands of dollars and numbers of man-hours to defend when no defense should even be required for such a non-malignant, benevolent practice - a Bible study.
It is an ambush and a shot in the back. Rather than do as the Bible commands and face those who have offended you personally, and seek a resolve, someone anonymously throws not only gasoline but also a match on a flammable situation and sits back as an absurd and unconstitutional battle begins that will take precious and needed resources away from good things to try to put out a fire set by a civic arsonist.
Politicians, lay your career on the line and stand up for what is right! Don't coward down under public opinion and the attack by a civic terrorist. To do so empowers people who will cause such unrest and sit back and watch the parties trade blow for blow in the legal ring without ever leaving the comfort and isolation of their easy chair.
I don't normally respond to such reports, but I must. After letting off my steam, I will take my anger for those who are causing such upheavals and pray God's blessings on them and ask Him to overlook their rebellious and destructive plan launched against a city, a neighborhood, the Bible, the Church and God.
Lastly, regardless the faith traditions in your gorgeous city, every follower of the Bible should stand up, rally and call into accountability these codes and leaders who are grossly disrespecting the Constitution and the non-invasive, benevolent, peace-loving group being treated like a gang or crack house - a harmless Bible study. Shame, shame.
I live one street away and know there are parking
spots next to an unoccupied hill on their street
plus Mission Hills has a lot of spaces opposite
the homes on that street. As long as the neighbors are not inconvenienced by the parking, I support the Fromm family in their stand.
Perhaps the neighbors could change their stance on allowing them to rent the recreation building!