Complete Colorado

Northglenn sued over halting religious gatherings in park

DENVER–Several recent legal motions related to an ongoing lawsuit against the City of Northglenn seek dismissal of citations issued to members of three Colorado churches for hosting a public worship and charity event at a city park.

The American Center for Law and Justice (ACLJ), a public interest law firm specializing in religious freedom, filed a lawsuit in federal court in November on behalf of those cited and other church members.

Northglenn, with around 38,000 residents, is a home rule municipality in the north metro Denver area.

Starting in July 2020, Brave Church, and The Crossing Church–both located in neighboring Westminster–as well as Next Step Church located in Thornton, began hosting religious ministry gatherings at E.B. Rains Jr. Memorial Park in Northglenn. Every Tuesday and Thursday, pastors and church staff used the space on a first-come-first-serve basis for worship, prayer, Bible study, and feeding the homeless.

In the summer of 2024, the Northglenn chief of police approached the church leadership saying he was “tasked with shutting down” their gathering. Northglenn City Council then called a private meeting with the church representatives, describing the event as too large and disruptive.

City Council then unanimously passed amendments to Ordinance CR54, prohibiting recurring groups of more than five individuals from gathering in the park.

“The proposed amendments would prohibit any group from reserving or dropping-in to utilize a pavilion or a park on a recurrent basis,” the ordinance reads.

‘Selective enforcement’

On Sept. 18, Northglenn police issued criminal citations to Pastor Dustin Mackintosh, and church members Brent Denny and David McCamish. Pastor David Baca, while not cited, was present and is also a plaintiff in the case.

ACLJ calls the citations “selective enforcement,” claiming other park groups meet on a recurring basis including monthly scout troop meetings, a Saturday run club, and pickleball and fitness groups, among other park users.

The lawsuit defines the plaintiffs’ gatherings, which include prayer and sharing meals with the homeless, as an expression of religious freedom.

“These acts are religious exercises central to their faith,” the lawsuit reads, “The City’s actions violate the Free Exercise Clause, Free Speech Clause, and Equal Protection Clause of the First and Fourteenth Amendments to the United States Constitution, as well as parallel provisions of the Colorado Constitution.”

In addition to the federal lawsuit against the city, ACLJ filed three separate motions on Jan. 7 on behalf of Mackintosh, McCamish, and Denny to dismiss their criminal charges.

“The motions we’ve filed urge that the court recognize what the facts plainly show: CR-54 is an unconstitutional regulation designed to silence religious expression in the public square. Public parks have, since time immemorial, been places where citizens gather to communicate ideas, practice their faith, and serve their communities,” an ACLJ  media release says, in part.

The lawsuit names the City of Northglenn, Chief of Police James May, City Manager Heather Geyer, and Parks & Rec. Director Amanda Peterson as defendants.

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