FC: Tiny church wants tiny radio signal, government says "no"

[Declan McCullagh <declan () well com>]

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For immediate  release:
February 1,  2002

Becket Fund joins battle by little NH church for right to have radio  studio

Town of Enfield charged with violating free speech, free exercise  rights


The Becket Fund for Religious Liberty has joined the battle being waged by
the Living Waters Bible Church against the Town of Enfield, New Hampshire
over the right to broadcast Christian programming over a 7 watt FM radio
station in the area.

The Becket Fund, a bipartisan and interfaith public interest law firm,
represents a number of churches and other religious institutions
throughout the United States in cases filed under the Religious Land Use
and Institutionalized Persons Act of 2000 ("RLUIPA"). Enfield officials
relied on their land use regulation authority in denying the church's
request for a zoning variance that would allow it to operate a radio
studio. The church's lawsuit charges the town with violations of RLUIPA
and the U.S. and New Hampshire Constitutions..

The Living Waters Bible Church is a small nondenominational church which
meets in a modest little house located on a 50 acre property in Enfield.
About a year ago, it agreed to work with another group, the Green Mountain
Educational Fellowship, to bring Christian radio programs to residents in
the area around Enfield. The Federal Communications Commission granted a
Construction Permit for the station (WVFA - 90.5 MHz FM) on February 9,
2001.

In June 2001, Pastor Elmer Murray informally approached town officials
about his plan to build a very small radio studio on church property (the
transmitter and antenna are located miles away, on Shakers Mountain), and
was told it was an "accessory use" to the permitted church and residential
uses already in place. But in July, the Town Planning Commission decided
that a radio studio was not an accessory use, and would require a variance
from the Board of Adjustment. The Board, yielding to pressure from a few
neighbors, denied the variance and a later motion for rehearing. The
church, left with no choice, sued in state court in November.

The Town of Enfield removed the case to federal court on November 30. The
Becket Fund, which won the first case litigated under RLUIPA just over a
year ago, now represents churches and other religious groups in similar
suits in half a dozen states stretching from Pennsylvania to Hawaii.  
More information about this case, Living Waters Bible Church v. Town of
Enfield, and about The Becket Fund can be found on its web
sites,?www.becketfund.org and www.rluipa.com.

Contact:

Patrick Korten
VP/Communications
The Becket Fund for Religious Liberty
(202)  955-0095
pkorten () becketfund org
www.becketfund.org



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