Federal judge determines Castle Rock cannot block church from offering RV shelters

DENVER ( KDVR ) — A federal judge ruled Friday that a church in Castle Rock is allowed to keep mobile homes on its properties to provide temporary shelters to unhoused people after the city warned the church it was violating zoning laws.

The Church of the Rock, or The Rock , has been providing short-term housing to individuals and small families experiencing homelessness. The housing is provided in the form of an RV and a camping trailer parked on the western edge of the church’s parking lot, in addition to a partnership with the Red Cross to provide shelter.

Friday’s ruling provides a preliminary injunction that prevents the town of Castle Rock from threatening an end to the church’s temporary housing ministry, according to federal court documents. The judge also ruled that the church’s second and third claims, regarding alleged interference by the town regarding the church’s Red Cross partnership and alleged retaliation, are denied.

The Rock’s homeless shelter ministry has been a point of contention between Castle Rock and the church. The church argued that offering temporary shelter is “squarely within the long tradition of American” institutions of worship. In its initial complaint, The Rock said the town and “certain of its officials” shut down the church’s on-site temporary shelter ministry, “apparently operating on the cynical thesis that they do not want the homeless in their area.”

The Rock has argued this ministry was crucial to the church and also alleges that in the fall of 2022, the town “allegedly agreed that its objections to the Church’s ministry would be resolved if it limited the RVs and trailers in use to two.” A follow-up letter from Castle Rock’s zoning manager states that “RV’s parking on the property for either storage or use to live in, is not an allowed use on the property under current zoning.”

The church sued the town in May, saying the town’s restrictions were a violation of the Religious Land Use and Institutionalized Persons Act.

On Friday, the federal judge ruled that the church had not shown an immediate risk from the town prohibiting an emergency shelter program operated by the church, and also found there was no evidence that the church couldn’t house individuals inside the church building.

However, the judge determined that the church is entitled to an injunction for its on-site temporary shelter ministry under the Religious Land Use and Institutionalized Persons Act.

For the latest news, weather, sports, and streaming video, head to FOX31 Denver.