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Friday, June 09, 2006

Cowboy church issue remains in spotlight

A lawyer says Bedford County is incorrectly applying state law in banning the services.

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Bedford County officials thought the "cowboy church" controversy had fizzled out like a fast-moving thunderstorm on the prairie.

But they were wrong.

A lawyer from Liberty Counsel, a conservative legal organization, said Thursday her group hasn't stopped their fight with the county over what they consider to be a case of bureaucrats infringing on Christians' right to worship.

The tempest began April 28 when a Bedford County building official charged that by hosting cowboy church in his barn in Moneta, Garland Simmons had violated the property's zoning and safety codes.

Cowboy church is a nondenominational ministry designed to attract farmers, rodeo enthusiasts and "just plain country folks." Services are conducted on a weeknight for people who might not be able to make it on Sunday mornings. The congregation dresses in down-home attire, such as jeans and T-shirts, possibly paired with a cowboy hat.

Simmons, a fourth-generation farmer, had his lawyer appeal the county complaint. Liberty Counsel stepped in to argue on the church's behalf.

After the issue received local and some national publicity, a hailstorm of phone calls rained down on the Bedford County administration building.

But then on May 31, before the county and the cowboys could get together for a sunset showdown, Simmons' lawyer dropped the appeal. The Rev. Raymond Bell started a new cowboy ministry in the Thaxton Community Center that Thursday.

And that seemed to be that.

"I assumed this issue was resolved," said Bedford County Attorney Carl Boggess when reached by phone Thursday.

But maybe not.

Rena Lindevaldsen, an attorney with the Liberty Counsel, said Thursday she planned to call County Administrator Kathleen Guzi today to argue that the county's complaint against Simmons is at odds with the constitutional rights of freedom of assembly and religious practices.

If county officials do not agree to let the cowboy church hold services at the barn without interference, Liberty Counsel will likely file suit against the county, Lindevaldsen said.

Although Simmons didn't appeal the county's violation notice, he left a window open to cowboy church in the letter that attorney Steven Wandrei, whose firm Radford and Wandrei represents Simmons, sent to the county -- albeit one that seems to put the weight of any legal repercussions on the church.

"Mr. Simmons will continue to make his barn available for use by the cowboy church. However, any further action in regards to the Notice of Violation will be the sole responsibility of the church."

Simmons could not be reached for comment.

Boggess declined to speak on the specifics of the issue until after he heard from the Liberty Counsel.

However, he did say that if the counsel argues that constitutional rights of freedom of assembly and religious practices override the safety codes, they would have to sue the commonwealth.

"There are so many layers to that onion," Boggess said. "It's our job to enforce it, but we're enforcing the state law."

Lindevaldsen argued that the county is incorrectly applying state law because farm buildings are exempt from safety codes.

"We're saying, "Look, it's a farm building. It's not subject to your zoning code,' " Lindevaldsen said. "The state code is just fine."

A cowboy church service did not take place at the Moneta barn Thursday, according to Bell. But about 30 people did sit on metal folding chairs within the wood paneled walls of the Thaxton center Thursday.

Mark Gibson, one of the night's speakers, briefly mentioned the controversy between the cowboy church and Bedford County while speaking about the messages God sends his flock.

"Look, at the publicity Jesus has gotten over this," he said. "There's no coincidences. Only God instances."

Reporter Pamela Podger contributed to this report.

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