Criminal Charges Dropped Against Pastor and Church!

Last Friday, our attorneys traveled to Prince William County to defend Alive Church of the Nazarene and its Lead Pastor, Allen Perdue, against criminal charges for simply worshipping in their church building for a Sunday morning service. Yes, you read that correctly! Thankfully, rather than going forward with the trial we had fully prepared for, the prosecutor – realizing he was outmatched – made a last second decision to drop all charges against both the pastor and the church!

FFLC attorneys Josh Hetzler and Michael Sylvester with Pastor Allen Perdue, his wife, and two Alive Church Associate pastors outside of Prince William County Courthouse after all charges were dropped

This is a great victory for religious freedom! (Though, it’s still shocking we ever got to this point.)

This criminal case is actually part of a much bigger story, in which Prince William County zoning and building code officials have persistently mistreated and discriminated against Alive Church since 2019 when the church first purchased its property to build on. During COVID, the County essentially told them they could build a barn as an “agri-tourism” facility and use it as their church while they built their larger complex. So they did. But later, the county reversed course and insisted it was a church, not a barn, and told them they were not allowed to hold services there.

In the course of jumping through the endless hoops of the building and zoning officials, the County eventually granted the church an 18-day “Temporary Activity Permit” so that they could worship in the building for 18 Sundays while they worked everything out (and the county promised to work “expeditiously” to get them final approvals). At every step of the way, Alive Church did everything that was asked of them, spending significant money to do so. But as the weeks passed, the County dragged its feet and stonewalled the church.

A month before their 18th Sunday, Pastor Perdue realized that the approvals may not be forthcoming and also that there would be no available schools or other large spaces available for rent on the 19th week. So he asked the county for permission to use their church building for just one more Sunday morning worship service to allow the congregation to still gather while they secured a different location. After all, the building was well-built and completely safe for use. See below.

But the County refused their request. When some people still showed up for worship that Sunday, Pastor Perdue didn’t turn them away. A day later, County officials were ready to pounce, serving criminal misdemeanor summonses on both Pastor Perdue and Alive Church for gathering for worship. But we believe Alive Church had a right to worship on their property, among other reasons because of the protections afforded by the Virginia Religious Freedom Restoration Act, not to mention the U.S. and Virginia Constitutions. For the sake of religious exercise, the county was obligated by law to accommodate the church in this scenario, but it refused.

Aside from those 18 days, Alive Church has been prevented from accessing its property for over 800 days because of the County’s inexplicable denials, delays, and discrimination. The discrimination becomes even more obvious from the fact that Alive Church’s neighbors – a Muslim mosque and a Buddhist temple – have been operating on their respective properties during that same time without limitation, and without getting any of the same building code certificates or allowances the County is requiring of the Christian church right next to them! Meanwhile, none of the Muslim or Buddhist religious leaders have been charged with crimes. The disparate treatment is obvious, and the County is fully aware it’s happening, yet it continues to target Alive Church.

Founding Freedoms Law Center is now representing Alive Church in this matter, and we look forward to telling you more about our representation in the days to come. What’s happening to this church is totally unacceptable, and we will be fighting to vindicate their rights. We appreciate your continued prayers and support as we do so.