PRESS RELEASE
February 24,2000
FOR IMMEDIATE RELEASE
Re: US v Indianapolis Baptist Temple Cause # IP 98-0498-C-B/S
In the 50th anniversary year of the Indianapolis Baptist Temple, Sarah Evans Barker, Chief Judge, United States District Court, Southern District of Indiana, Indianapolis Division, signed an Entry MODIFYING TERMS OF STAY OF EXECUTION OF JUDGMENT PENDING APPEAL dated February 10 which reverses a previous agreement that she made with the church; and has made demands that the church cannot meet which, unless changed, will result in the selling of the church property some time after April 10, 2000. The church through its Counsel, Albert F. Cunningham of Redding, California, plans to go immediately to the Seventh Circuit Court for Appeals in Chicago, Illinois to ask for an injunction against the court which if successful will result in the church remaining on its property at 2711 South East Street during the appeals process.
On November 10, 1999, Judge Barker signed a summary judgment order including foreclosure and sale of the property of the Indianapolis Baptist Temple. The judgment including penalties, interest and other additions now totals approximately $6 million. The judgment is for alleged uncollected and unpaid 941 taxes on those who ministered at the church from 1987 to '93. Judge Barker had accepted the Baptist Temple's position that the property should not be vacated pending appeal. She agreed that if the property should be sold the church would suffer irreparable harm even if it prevailed on appeal. She further agreed that the parents of the children in the church educational ministry would also be harmed because they would not be able to find suitable schools for their children after the semester had been in progress for several weeks.
However, she has now changed her order in apparent pressure from the Clinton/Reno Justice Department and has agreed with Federal Prosecutor, Douglas Snoyenbos, that new demands should be made on the church. These include the filing of monthly detailed financial reports with the court, and the paying of 941 taxes on current ministers of the church into an interest bearing escrow account to be administered by the court.
This is a total contradiction of Judge Barker's original requests which included timely payments on the church mortgage, sufficient insurance on the buildings which includes the church parsonage, and the reasonable maintenance of the buildings. All of these were agreed to by the church congregation as reasonable and responsible. Judge Barker reserved the right to modify her order if there were any changes. There have been no changes. She has not met the stipulations of her own order. These new demands plow new ground altogether pertaining to the Stay Order.
For the church to meet these new demands would be to violate their faith which is the entire issue to begin with. It would also interdict the appeals process by forcing the church to pay the tax before its appeal has even been heard. It would also violate the First Amendment as to redress of grievances. In fact if the Seventh Circuit refuses to give the injunction, there is no other appeal of this matter and it would force the church to obey their God or government.
In that the church cannot and will not obey this newest demand of Judge Sarah Evans Barker, she has said that she will order the receiver who has already been assigned to this case to seize and sell the property sometime after April 10.
There will be a Religious Liberty Rally at the Indianapolis Baptist Temple Saturday, March 4, at 10:00 AM. The church expects many across the nation to come to stand with the pastors and congregation for this occasion. At noon, the church and their supporters will gather in front of the Federal Court House at Pennsylvania/Ohio Streets to bring attention locally and nationally of the imminent death of religious liberty in America.
For more information cal Pastors Greg A. Or Greg J. Dixon at 317-783-6753