Damaged churches sue FEMA for funding

Disaster relief policy discriminates against faith groups, they say

Three small churches damaged as Hurricane Harvey made landfall, pushed inland and lumbered northward to the Houston area sued the Federal Emergency Management Agency in federal court Tuesday, seeking access to relief funds for nonprofit groups.

The Houston lawsuit filed on behalf of the Rockport First Assembly of God in Aransas County, Harvest Family Church in Harris County and Hi-Way Tabernacle in Liberty County claims the government’s disaster relief policy violates the Constitution by denying faith groups the right to apply for funds.

The suit cites a U.S. Supreme Court case in which the court held in June that the Missouri state governmentcould not discriminate by denying funds to a church group that applied for playground equipment because it was affiliated with a religion.

“Hurricane Harvey didn’t cherry pick its victims, and FEMA shouldn’t cherry pick who it helps,” said Diana Verm, who represents the churches through Becket, a Washington, D.C., nonprofit firm that specializes in religious liberty cases.

‘A reasonable request’

FEMA rejected disaster assistance requests from facilities owned by religious groups after hurricanes Katrina and Sandy, Verm said.

Nonprofits that have sustained damage from Harvey have a 30day window to apply for emergency cleanup grants, but not all agencies are treated equally, the churches claim.

In the past, FEMA has issued disaster aid to an octopus research center, a botanical garden and community centers that offer sewing classes and stamp-collecting clubs. She said it’s unfair for religious groups that provide community services to be excluded from government aid when their institutions are harmed by acts of God, she said.

Nicole Navas, a spokesperson at the Justice Department in Washington, D.C., said, “We are aware of the complaint and will examine the claims.”

David Coale, an appellate lawyer who handles constitutional cases at a firm in Dallas, said the three churches’ complaint goes a step farther than previous cases by moving beyond exterior structures and building repairs into providing personal services.

“On its face it’s a reasonable request — it’s a disaster and they need all the help they can get,” Coale said. “On the other hand, we are talking about giving people money to offer a place to sleep. There is stuff up in the church about religion and there will be people in the church providing a little bit of ministry.”

He said one side will offer a compelling claim the agency is in crisis and needs help. Others will argue the case is about helping people who wouldn’t otherwise enter a church.

Stepped up in prior storms

The Rockport church, with a congregation of about 125, is seeking $250,000 to clear out debris, put up a new roof, carpets, seats, lights and equipment, rebuild the Sunday school classrooms and install a welcome sign, according to a GoFundMe page set up by AshLee Frazier, who identifies herself as Pastor Bruce Frazier’s daughter.

The Harvest Family congregation describes itself online as a “House of worship for all nations.” It was founded in 2011 and has about 200 members, according to court documents.

The Hi-Way Tabernacle, a Pentacostal church in Cleveland, which has 300 congregants, sustained $60,000 of damage. It has begun removing debris, but it needs funds to replace damaged carpets, drywall, insulation, wiring, ceiling tiles and furniture, according to court documents.

The Cleveland church served as a staging ground and distribution center for FEMA and disaster relief groups during hurricanes Rita and Ike and it stepped up again during Hurricane Harvey. The facility has been distributing food, supplies, medical aid and offering shelter for about 65 people despite flooding in its sanctuary, according to Charles Stoker, pastor.