A federal judge has ruled that, for the time being, the city of St. Paul may not enforce two conditions on Listening House, a daytime facility for the homeless located within the basement of the First Lutheran Church in Dayton’s Bluff.

At the church’s request, U.S. District Court Judge John Tunheim on Monday granted a preliminary injunction against a no-trespassing sign and a 20-visitor limit, two of the 14 conditions imposed by the St. Paul Planning Commission on Oct. 20.

The conditions were supported by a vote of the St. Paul City Council last December, though the council put the 20-visitor limit on hold through the winter months and had it take effect in late April.

The church fought the conditions in federal court, citing both its state and federal constitutional freedoms of speech and the Religious Land Use and Institutionalized Persons Act. The act allows churches wide latitude in how they exercise religious freedom free from substantial burdens from government restrictions.

The judge’s order is not the final word, as the legal case is ongoing, but Tunheim noted the strong likelihood that the city would be unsuccessful in upholding those two conditions at trial.

“One of (the city’s) conditions requires that a sign be posted restricting after-hours use of First Lutheran’s property so that the city can enforce trespassing laws,” said Tunheim, in his order. “The Court finds that First Lutheran has shown that it is likely to prevail on the merits of its (Religious Land Use) substantial-burden claim with respect to the sign-posting requirement and the twenty-person limit, and that it is likely to prevail on its free-speech claim with respect to the sign-posting requirement.” Related Articles Man reports he had to stab his dog after attack in St. Paul; police investigating

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City Attorney Lyndsey Olson said, in a written statement, that the city is in settlement discussions with Listening House and First Lutheran. “The city recognizes the difficulties with these conditions and we continue towards a resolution that will address concerns for Listening House, First Lutheran and the surrounding community,” she said.

Listening House — the “Living Room of the Homeless” — moved from downtown St. Paul to First Lutheran Church in June 2017, drawing complaints from neighbors about visitors loitering before and after-hours, littering and other unlawful behavior.

The city then proceeded to restrict the number of visitors, operating hours and outdoor patios, and require staff on-site two hours before and after closing, among other conditions.

In April, Listening House sued the city in Ramsey County District Court. First Lutheran filed suit in federal court that same month.

Read First Lutheran Church’s complaint: