Pastor Who Shelters Homeless May Face Lawsuit

BUENA PARK — The city has threatened to sue a pastor to keep him from allowing homeless people to sleep at the church even though the reverend has been in mediation with Buena Park over the issue.

The Rev. Wiley S. Drake of the First Southern Baptist Church received a letter Monday from City Atty. James L. Markman threatening a lawsuit if Drake fails to meet safety requirements for the patio where about 30 people spend the night.

“I have been instructed to inform you that you are to cause the persons now inhabiting and sleeping in the patio enclosure to cease doing so immediately,” the letter said. “Hopefully, that will have been accomplished . . . (by) May 6, 1997. If that is not the case, my instructions are to commence civil proceedings to provide for the protection of those persons on an immediate basis.”

Drake, who has been charged with nine counts of violating anti-camping and housing codes for taking in the homeless, met with Deputy City Atty. Greg Palmer on Tuesday for the fourth time to try to resolve the criminal charges.

He said he was devastated when he received the letter.

“Here we are making progress, and all of a sudden I get this letter,” Drake said. “It’s like you’re dealing with the right hand and the left hand is doing something else.”

However, Drake, as he has for almost a year, refused to back down.

“We’re not making people leave, and we’re not making any changes on how we operate,” he said.

City officials declined to comment on the case. Palmer would only say that “we had positive talks today.”

According to Drake, Palmer told him during the mediation that the city may sue for a preliminary injunction to force the church to meet the safety requirements.

Drake said the city could shut the church down.

First Southern Baptist provides food and shelter for about 30 homeless each night. More than 400 people come by the church for food and clothing each month.

The Planning Commission has rejected plans for a large building on church property that would house the homeless because Drake would not comply with the conditions attached to the building permit.

The City Council in March rejected his appeal.

Meanwhile, a May 19 trial date has been set for the misdemeanors.

Each charge carries a maximum penalty of a $1,000 fine and a six-month jail sentence.