"Early in 1994, a distant neighbor drove by our acre homesite and saw us in our yard celebrating Imbolc with some friends. Probably remembering all the Saturday night horror shows she had ever seen, she complained to the City. The police knew there was nothing wrong here and took no action. Rebuffed by the police, she contacted Planning and Zoning officials who were willing to go further with the complaint. Two City officials threatened us with fines and arrest if we had more than five people on our property for worship or prayer, even "over a birthday cake". After the initial shock, we wondered, how can this could happen in America and the answer came over the next few weeks. It can and is happening across America and it is happening to a number of people in religions that are not main stream. These include several Jewish groups, a Buddhist group in California, the Hermetic Church of the Golden Dawn, and earlier, Ravenwood Church. It has even happen[ed] to more conventional religions such as the Baptists. Can it happen to your coven? Yes it can. A coven is a religious group, it does not have to call itself a church. We realized that they expected us to frighten us and make us stop. Instead, we went to the newspaper, radio and TV. At first, the City backed off, then after the publicity cooled down, they came back and cited us. We violated no ordinances, we had no cars on the street and no loud noise. However, we did wear robes. Later at a hearing, the City officials testified that they could not tell the difference between our worshipping and, say, an occasional a Bar-B-Que, but they cited us anyway based on the hearsay of others. Our immediate neighbors supported us on TV and testified for us at the hearing as did several Christian ministers including a Baptist minister. After three days of hearing, the Code Enforcement Board spent five minutes and voted unanimously for us. The board, composed of ordinary citizens, stated that we were not in any violation of the code. The City, unhappy with the decision, threatened to appeal to the State court, but then they decided against it. After all, how could they fight the decision of their own citizens committee?" From the Church of Iron Oak's web page. The court decision: CODE ENFORCEMENT BOARD OF THE CITY OF PALM BAY, FLORIDA COMPLAINT #3292-94 CITY OF PALM BAY, Petitioner vs Respondent JOHN R. COLEMAN, JR. OR JACQUELINE ZALESKI FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER This CAUSE came on for public hearing before the Board on OCTOBER 12, 1994, OCTOBER 31, 1994 AND NOVEMBER 21, 1994 after due notice to the Respondent, and the Board having heard testimony under oath, received evidence, and heard argument of counsel (if any), thereupon issues its Findings of Fact, Conclusions of Law, and Order as follows: I.FINDINGS OF FACT 1.That there is not a violation based on the fact that the address located at 2027 Mattison Drive NE is not primarily being used for organized religious services as defined by Section 25-41. In support of that (1) there is evidence on the record that there is a commercial site located in Melbourne which is being primarily used for church and religious activity, (2) the testimony relating to four to six events per year at the 2027 Mattison Drive address does not constitute primary use for religious activity, and (3) that the use of a forge three or four times per year does not constitute religious activity, on Lot 13, Block B, Tropicana Subdivision #75, Section 22, Township 28, Range 37, Brevard County, Florida. II.CONCLUSIONS OF LAW Based upon the testimony heard and the evidence presented, the Code Enforcement Board concludes that there is not a violation of Section 25-81, Article VIII, Chapter 25; Section 25-122(d)(4), Article X, Chapter 25; and Section 25-161, 15-162 and 25-164(a)(1 through 4) inclusive, Article XI, Chapter 25, Code of Ordinances of the City of Palm Bay on the above described property. DONE AND ORDERED THIS 21ST day of NOVEMBER 1994, at Palm Bay, Brevard County, Florida. CODE ENFORCEMENT BOARD OF THE CITY OF PALM BAY, FLORIDA BY Edward Geier, Vice Chairman I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact and Conclusions of Law has been furnished by mail to Burton J. Green, Attorney for Respondents, 43 S Atlantic Avenue, Cocoa Beach, FL 32931; Richard E. Torpy, Attorney for Code Enforcement Board, 930 S Harbor City Blvd., Suite 505, Melbourne, FL 32901; and Nicholas F. Tsamoutales, Attorney for the City of Palm Bay, 1900 Palm Bay Road NE, Suite G, Palm Bay, FL 32905, this 22nd day of November 1994.
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