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City Tells Tower Theatre to Stop Church Services Now Over COVID Rules and Zoning
The city of Fresno is ordering the current owners of the Tower Theatre to prevent Adventure Church from holding indoor services.
This is an addition to a memo from Fresno’s new city manager indicating that the church — which is in escrow to purchase the theater — would need to obtain a zoning change to hold services at the iconic venue in the future.
Since the news broke this week about the theater’s sale, many in the community have expressed concern that not only a house of worship could soon take over, but the effect it may have on other Tower District businesses. Generally, city regulations prohibit the sale of alcohol and legal cannabis in close proximity to a church.
GV Wire℠ has been able to confirm that the sale of the Tower Theatre to Adventure Church is expected to close at the end of January.
The church says it plans to continue holding worship services as well as continue using the theater as an entertainment destination.
According to Councilwoman Esmeralda Soria’s office, there have been nearly 150 voice mails and emails concerned about the purchase. Soria will meet with the theater owner next week.
A virtual community meeting on the Tower’s future is scheduled for 5 p.m. Friday. Attendance is limited to 500 people.
Join this zoom community event tomorrow, January 8th at 5 PM to learn more about a church potentially purchasing the Tower Theater. https://t.co/WQezU6tQSW
— Annalisa Perea (@AnnalisaPerea) January 7, 2021
A flyer from commercial real estate broker KW Commercial states the purchase includes the theater and other buildings on the block, including some restaurants.
A look at the Adventure Church setup inside the Tower Theatre (GV Wire/David Taub)
City: Theater Must Cease Indoor Operations
On Tuesday, Fresno’s code enforcement department sent a letter to Laurence Abbate — owner of the Tower Theatre — notifying him of a possible violation for allowing Adventure Church to hold services indoors.
The letter states such actions violate state and local stay-at-home orders. It also states a similar letter was sent to the church on Dec. 31.
“Nevertheless, it has again been reported, Adventure Church continues to violate the Emergency Orders by hosting large indoor gatherings,” the letter says.
The letter says the theater “must cease indoor operations immediately. Continued violations may subject you to summary closure, criminal prosecution, revocation of your business license, and/or conditional use permit, fines, and other legal actions.”
Abbate, whose family has owned the theater for decades, said he was not ready to make a comment.
The church has been holding services at the Tower Theatre in one form or another for years. They post an archive on their YouTube page.
City: Zoning Changes Needed
Responding to a letter from the church last month, Fresno’s new City Manager Tommy Esqueda said the city’s development code only allows for church services without a zoning change if the space is less than 2,000 square feet.
The theater portion of the Tower property is at least 15,000 square feet, according to documents. The area is zoned as Commercial Main Street.
“Community and Religious Assembly is not permitted as a principal use for the subject property,” Esqueda wrote.
Esqueda referred to several sections of the Fresno municipal code dealing with religious uses and sections referring to cinemas/theaters and commercial districts.
For Adventure Church to hold services, a land-use change and conditional-use permit are required, Esqueda wrote.
A Dec. 10 response from the city’s planning department initially said that the church was permitted to hold services as an incidental use. Esqueda’s letter provided a “revised” determination.
Church Plans to Continue Non-Church Operations
The church sent a letter to the city on Dec. 7 seeking clarification about uses for the Tower Theatre.
“The purpose of this letter is to state the intent of the use and operations of the property. Adventure Church Inc. will utilize the theater to operate various types of events ranging from concerts, theatre and performing arts shows, city events, community functions, etc.” wrote Pastor Anthony Flores and church board member Bill Richardson.
The church would still schedule weekly Sunday services, with occasional other activities.
“Events are 100% the primary function of the theater, with church services being incidental,” the letter said. The goal is to hold 100 non-church events a year.
Adventure Church, at its location on Palm Avenue, south of Olive Avenue. (GV Wire/David Taub)
Attorney: Church Has Right to Be There
An attorney for the Center for American Liberty, a civil rights group, says the law protects a religious institution’s right to assemble, despite zoning laws.
“The Religious Land Use and Institutionalized Persons Act of 2000 protects churches and other houses of worship from discriminatory zoning codes. If a city’s zoning code permits a building to be used for secular assembly, it must also allow it for religious assembly,” said Mark Trammell, executive director and general counsel of the Center for American Liberty. “The law requires neutrality and equality. The government cannot discriminate against a church if zoning permits property to be used as a theater, meeting hall, or other place where people gather for secular purposes.”
It is not clear that if a church holds services whether other existing nearby businesses would be restricted in their activities normally prohibited around houses of worship.
JesusC
January 6, 2021 at 4:20 pm
The sale is moving forward.
Jim
January 7, 2021 at 10:06 am
Let’s hope our City doesn’t lose taxpayers money in another needless lawsuit.
Barry Fisher
January 7, 2021 at 2:11 pm
Get ready for powerful progressive lobbies and political organizations to oppose the church’s presence in the Tower District. Naturally, the progressive members of the city council and in city government are ready and willing to pander to them.
Steve
January 7, 2021 at 2:19 pm
I keep holding out some kind of hope that our local rulers will start serving the people instead of their misguided ideologies. I’m starting to feel like Don Quixote tilting at windmills. There is zero science behind any of the DICTATES from on high….ZERO. As a matter of fact, evidence is starting to surface that these politically driven dictates are actually killing MORE people than they are helping. Ive been telling people from the beginning that that would happen. They don’t care, they are drunk on power.
As for the snivelling leftists who are complaining about a church, heaven forbid, in their neighborhood; they had every opportunity to buy the place themselves. Instead. they would rather bitch, moan, complain, and tell others what they have to do with THEIR money. They build nothing, but tear down everything.
Like CA in general, Fresno is going to collapse under the politics of leftism and government grown too big and unresponsive to anyone but themselves. Do they not see that they are destroying the tax base that provides for their cushy existence? Do they care? No. CA will not recover until it collapses because of it’s leftist rulers. I feel and believe it’s time to leave CA and Fresno in particular, and that is sad as it has been my home for over 60 years. But, I wish those who stay, the best of luck in making CA as great as it once was. Carpe Diem y’all!
Linda
January 10, 2021 at 12:09 pm
Bet you anything The Rogue Festival will no longer be held at The Tower Theatre if this group is allowed to buy it. Why this Theatre? They are plenty of empty buildings for them to buy. It’s unfair that St. Therese is following the City Ordinances and this Church isn’t.
AR
January 10, 2021 at 6:55 pm
The city could lose tax revenue if this valuable property is owned by a church. A zoning change could negatively impact local businesses. The Tower District is currently known as an arts and entertainment district. A church occupying that corner — with a marquee and signage advertising that fact — would change the image of the district, and Fresno could lose one of its main attractions as a city. Multiple studies have shown the importance of an arts and entertainment community in drawing and keeping high-end businesses.