Suncoast Searchlight: Sarasota fight pits zoning vs. religious freedom

An area church is pushing back against the county’s order to stop serving homeless people. It could set legal precedent.

By Emily Andersen/Suncoast Searchlight

Host: Even though it’s been told by the county it should stop serving homeless people, a Sarasota church is back at it—and this could turn into a legal test case about zoning versus religious freedom. Emily Andersen with Suncoast Searchlight brings us this report.

Emily Andersen: A Sarasota County zoning dispute could become a test of how far federal religious freedom protections extend.

The Remnant Cafe, operated by the Remnant Church, provides services for people experiencing homelessness, including showers, laundry, clothing and meals. The cafe returned to full operations two weeks ago after scaling back services for nearly a month. They cut back in response to a county violation notice saying the property is not zoned to operate a social service facility.

Tammy Burns poses for a photo in front of the Remnant Church, where she is the director of homeless ministry. Tammy and her husband, Frank, founded the church in 2015 | Photo: Emily Andersen, Suncoast Searchlight

Church leaders have told the county they won’t comply with a December deadline to stop offering services. Instead, they plan to challenge the county’s interpretation of zoning laws in court, arguing that the restrictions infringe on their First Amendment right to freedom of religion. The dispute comes as the U.S. Supreme Court prepares to hear a similar religious zoning case out of Kentucky.

Remnant Church and Remnant Cafe were founded in 2015 by Pastor Frank Burns and his wife, Tammy Burns, the church’s director of homeless ministry. They moved to their current Ashton Road location in 2017.

Christine Nordstrom is the president of the homeowners association for the Ashton Enclave Condominiums, a row of six homes across the street from the Remnant Church. She filed a complaint with the county in August, after she said she witnessed a man defecate behind her neighbor’s house.

She said it was the last straw after years of community safety concerns caused by Remnant’s homeless clients.

The six homes that are part of the Ashton Enclave Condo Association, across the street from the Remnant Church, all have raised back porches. Christine Nordstrom, the HOA president for the homes, said that Remnant’s homeless clients sometimes sleep under the porches | Photo: Emily Andersen, Suncoast Searchlight

Nordstrom said she was glad when the church decreased services in September, but now, she’s frustrated by the church’s unwillingness to comply with the county.

Christine Nordstrom: I expected more integrity out of Tammy and Remnant. I really did. I really, honestly thought there was more integrity there than what we’re seeing right now.

EA: Church leadership at Remnant decided to decrease services under the advice of a zoning lawyer who they have since broken with, according to Tammy Burns.

During the weeks they were closed, they discussed their options and decided to return to full services. The decision was a deliberate choice not to comply with the notice of violation because church leaders believe this is a religious liberty issue, not a zoning one.

According to Tammy Burns:

Tammy Burns: We’re living out our faith. To hear people say we’re a soup kitchen or a social service is kind-of offensive to us, because what we’re doing is living out our faith.

EA: Now, the church is seeking a constitutional lawyer.

Volunteers at the Remnant Church in Sarasota County serve lunch to people experiencing homelessness on September 4, 2026 | Photo: Emily Andersen, Suncoast Searchlight

Tammy Burns said the church intends to fight the violation under the Religious Land Use and Institutionalized Persons Act. The federal law was passed in 2000 and says, “No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution.”

The act is at the center of a case that was picked up this month by the U.S. Supreme Court. In that case, a zoning board in Kentucky approved a permit for a nonprofit religious group to build a shrine to the Virgin Mary on a church property. The group was subsequently challenged by neighbors who believe the board misapplied zoning laws.

The Supreme Court has never examined the land use aspect of that act before, but lower courts have applied it in cases similar to Remnant’s.

In 2016, a U.S. Court of Appeals ruled in favor of Harbor Missionary Church in Ventura, California. The church had been denied a conditional use permit to provide services to people experiencing homelessness.

The judges in that case ruled that “the city had a compelling interest in promoting public safety and in preventing crime”—but they said denying the conditional use permit was not “the least restrictive means to achieve this goal.”

There are differences between the zoning laws at play in the Harbor Missionary case and in the Remnant case. Harbor Missionary Church had been denied a permit for social service operations. Remnant Church is located in a zoning area where they cannot request such a permit.

Denise Harle is a Florida State University law professor and director of the school’s First Amendment Clinic. She said despite the legal differences, the religious land use act should still apply.

Denise Harle: Judges aren’t really in the business of deciding whether someone’s religious practice or religious exercise is valid and dictating what a church can or should or shouldn’t be doing as part of its religious ministry.

EA: For the Burnses, helping those in need has always been a part of their ministry.

TB: Church isn’t just a Bible study or just a worship service; it’s caring for people. We feel like what we do every day is church.

EA: Reporting for Suncoast Searchlight, this is Emily Andersen. To read the full article, go to suncoastsearchlight.org/sarasota-county-church-religious-freedom-zoning-homelessness.

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