The letter from Broyles said the U.S. Supreme Court has ruled that the loss of First Amendment freedoms, "even for minimal periods of time, unquestionably constitutes irreparable harm."
And it provided a deadline for the county to respond.
"As a result, time is of the essence, and both the Joneses and the WCLP respectfully demand that written confirmation of the county's agreement to permit the Joneses to continue holding their regularly scheduled Bible study in their home without further threat of sanction be provided within five business days of the date of this letter. Should the county fail or refuse to comply, the Joneses are prepared to pursue all available legal remedies, including litigation."
"On April 10, 2009, Good Friday, a female county employee came to the Joneses' residence. The county employee appeared in the front yard and proceeded to take pictures of our clients' home," the letter said. "She noticed the Joneses' daughters in the front yard and asked to speak with their mother. Although she did not provide any paper work or identification, subsequent information obtained by the WCLP leads us to believe that the county employee who went to the Joneses' residence was Code Enforcement Officer Cherie Cham."
"Do you have a regular weekly meeting in your home? Do you sing? Do you say 'amen'?" the official reportedly asked. "Do you say, 'Praise the Lord'?"
She says she was then told, however, that she must stop holding "religious assemblies" until she and her husband obtain a Major Use Permit from the county, a permit that often involves traffic and environmental studies, compliance with parking and sidewalk regulations and costs that top tens of thousands of dollars.
If they fail to pay for the MUP, the county official reportedly warned, the couple would be charged escalating fines beginning at $100, then $200, $500, $1000, "and then it will get ugly."
"Four things become clear when this case is legally analyzed," said the letter. "First, the Joneses' weekly Bible study is not a 'religious assembly' as defined by the county's ordinances rendering the requirement of an MUP inapplicable. Second, the county's order to stop hosting the weekly Bible study is a blatant violation of the Joneses' First Amendment right to freely exercise their religion.
"Third, the order also violates their First Amendment right to peaceably assemble. Fourth, the county's action is a substantial burden on the Joneses' ability to practice their religion in violation of the Religious Land Use and Institutionalized Persons Act of 2000," the letter said.
He also said the county appeared to be "backing off" the religious assembly angle in favor of considering "other issues," such as parking, to apply in the case.
"Our concern with that is that they're trying to change the aspects of the case," he said. "They want to back out gracefully."
Instead, Broyles said, the citations should be withdrawn and the county should apologize.
"They were targeting our clients' religious exercise," he said.
