Church sues District over landmark

Lawsuit pits freedom of religion against historical preservation

By Tom Ramstack | Friday, August 8, 2008

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The Third Church of Christ, Scientist, is taking on the District government in a legal dispute that church members say pits historic preservation of buildings against religious freedom.

The church wants to replace its 37-year-old building at 900 16th St. NW with a new one that has less of a bunkerlike appearance and is easier to maintain.

But the District's Historic Preservation Office is trying to block demolition permits, saying the architecture of the building makes it a historic landmark that must not be destroyed.

Attorneys for the church filed a lawsuit Thursday in federal court based on the unusual reasoning that interference with the church's reconstruction plans trample's its members' First Amendment rights to freedom of religion.

Normally, property owners challenge historic preservation requirements by saying they lack the money or they disagree with facts leading to the landmark designation.

In the Third Church of Christ, Scientist, case, the historic landmark designation interferes with the church's religious pursuits "without a compelling governmental interest," says the church's lawsuit filed in U.S. District Court for the District of Columbia.

The church is gaining support from religious denominations across the Washington area led by the Downtown Cluster of Congregations. Leaders of at least a half dozen other denominations attended the press conference in front of the church Thursday to show their support.

"This is a battle between people who revere architecture and people who worship God," said Mike Silverstein, commissioner of the Dupont Circle Advisory Neighborhood Commission, which represents downtown residents.

Church members say the current building does not have enough windows and doors to make it inviting to the surrounding community. A lack of contemporary insulation and ventilation produces enormous heating and cooling bills, according to church leaders.

They also said replacing some lightbulbs high in the ceiling requires building a scaffold each time, again creating unnecessary costs.

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