Black Church Accuses RI Town of Discrimination, Racism in Federal Lawsuit

JOHNSTON, RI—A black church that was denied a special use permit to worship in a church building they bought last summer has filed a federal lawsuit against the town to challenge its zoning code and allege racial discrimination. 

The leadership of Providence’s King’s Tabernacle Church closed on the sale of 500 Greenville Avenue on July 17 of 2015 with the intention of using it as a church, much like it had been used since it was built in 1891 and as recently as 2014 by Belknap Community Church.

According to the lawsuit, “rather than permit King’s Tabernacle’s religious assembly use at it had long permitted Belknap Community Church’s religious assmebly use, the town unlawfully required King’s Tabernacle to apply for and obtain a special use permit from the town’s Zoning Board of Review.”

At a June Zoning Board meeting, the church’s application was denied with no dicussion.

The church appealed and the matter is currently pending in Superior Court.

In September, the town’s Zoning Official Ben Nascenzi was caught on tape making racist remarks about the church and its ownership.

The Church’s pastor, Rev. Chris Abhulime, said that it is clear that the congregation is being blocked because they’re black and the rejection has been demoralizing, humiliating and stunted their growth.

“I didn’t understand that because you have a building that has been a church for over a century. What has changed? Nothing has changed. Why did we have to go for zoning approval?” he said to a Providence Journal reporter in December.

Town officials have not commented much on the matter, citing its pending legal status.

The lawsuit seeks declaratory judgement, preliminary injunction and damages. It alleges that the town has unfairly required the church seek a special use permit specifically because of its historic use as a place of worship.

The lawsuit claims that after the special use permit was denied, ”some [board members] were overheard indicating they did not want a church to continue at the property.”

And, after the denial, Nascenzi notified Abhulime that the church would have to start paying property taxes.

Since the denial, “people have left the church and the Church’s growth has been stunted,” the lawsuit states. “

Mayor Joseph M. Polisena offered to meet and apologize, but ultimately the town chose to retain Mr. Nascenzi and did nothing to correct its zoning decision, according to a news release from Mauck & Baker, the Chicago-based law firm representing the church along with Warwick lawyer Andrew J. McKay.

“We can all agree that there is no place for religious or racial discrimination in America. Our country’s guarantee that everyone is entitled to equal treatment under the law trumps a municipality’s interest in tax revenue and certainly the racial prejudices of a zoning official.” said Mauck & Baker attorney Noel W. Sterett. “It is well past time for Johnston to make things right and we hope they will. If they do not, we are confident that the court will.”

Read the complaint HERE.

This story is developing. . .