Fine Line

Ordained Church of God in Christ Pastor , Michael Salman, is now doing time in one my favorite jails, Maricopa county (home of the down-right awesome Sheriff Joe)

Why is the pastor in jail?  Well, he says it is for holding Bible studies in his home.  The county prosecutor says it for building and fire code violations.

Before we go into the Freedom of Religion and the Constitution, it is meet now to ask why public fire and building codes exist.

Simply put, fire codes exist because fires in public places can be deadly.  The record of  fatal fires is a very long and sad one.  Here are just a few for consideration.

• 1903 Iroquois Theatre fire which killed 605 people
• 1904 Triangle Shirtwaist fire killed 146 people 
• 1963 Golden Age Nursing Home fire, which killed 63 people
• 1980 MGM Grand Fire, which killed 85 people
• 1990 Happy Land fire that killed 87 people
• 2003 The Station Night Club fire killed 100 people

The only reason we don't have even more deaths than what we do is the fire codes that exist.  When something bad happens, people look at it and say "how can we prevent that from happening again?" 

The following are some examples of current fire code regulations which are designed to safeguard lives.

• doors that open with a push bar, and swing outwards, so panicking people can get out even if the people behind them are pushing them. 
• Battery-powered fire exits that will show those who are trying to get out where to go, even in a smoky, unfamiliar room.
• Multiple exits to the building, so when there is a fire people can get out fast.
• Sprinkler systems, designed to extinguish a fire or at least contain it long enough to evacuate a building 

Homes are generally excluded from these type of regulations. 

Therein is the rub.  Pastor Salman stated that he was having a private Bible Study in his home.  They weren't open to the public, and were attended by about 40 people a week.

His"home" was actually a 2,000 square foot building behind his home that, when built, was billed as a "game room."  That's only slightly smaller than the median US home size of 2,169 reported in the 2010 Census.

The City says that if 40 people gather every Sunday, it falls under the code as a public building.

So whose right? 

• Mr. Salman has a right, as an American, to worship and lead Bible studies in his home.
• The city of Phonex has a right and duty to make sure that public spaces are not death traps by enacting and enforcing fire codes, like every other city in America.
• Churches are expected to follow the law.  That inculdes building codes, American's with Disabilities Act, fire codes, and so forth

So the only question is whether Mr. Salman had a church or a Bible study.  My gut feeling is that  Mr. Salman had a church and either couldn't afford the money,  or didn't want to expend it to find a suitable commercial property for his church.  I think he was trying to slip in under technical definitions, so he could 'have his cake and eat it too.' 

But, who decides what is a "church?"  Could the government come in and tell me and my family that our family Bible studies are somehow illegal because they're not in a regulated space?  Who decides and what about our freedom of religion and freedom of assembly?

The main issues, to me, are what is a church and where does the power of government to regulate the lives of private citizens end?

In this case, I feel that Mr. Salman was wrong to knowingly disobey the law, and skirt the law. 

But, would he be in jail if he were leading the young democrats instead of a Bible study?