New Hampshire Town Demands Site Review of Pastor’s House Gathering

First Liberty Institute filed a request for a preliminary injunction against the town of Weare, New Hampshire, claiming it violated the law by mandating a site review plan before a pastor could use his home for a religious gathering.

“Hundreds of thousands of Americans meet every day in homes for prayer meetings, Bible studies, book clubs, card games, and other gatherings. Why would Weare city officials demand this small church stop meeting in the pastor’s home, but ignore Super Bowl parties and political gatherings?” asked Senior Counsel for First Liberty Institute Jeremy Dys. “Since the day the First Amendment became law all people of faith have been granted the right to worship and pray in their home with like-minded people.”

“In the United States, the tradition of using individual homes for religious gatherings—even formal church services—has garnered special solicitude under the law,” said King & Spalding partner Sean Royall, who is helping with the case. “The suit is about protecting that legal right for all faiths.”

Grace New England Church was founded as a home church by Pastor Howard Kaloogian.

Kaloogian received a “Cease and Desist” notice in October 2023 demanding that he “immediately stop any assembly regarding Grace New England Church. This Cease and Desist will remain in effect until a site plan is submitted, reviewed and there is a decision made by the Town Planning Board.”

First Liberty sent a response letter to zoning officer Tony Sawyer, saying the First Amendment’s free exercise clause is “inviolate in one’s home and cannot be dismissed at the request of a town’s zoning officer.”

“Your Cease and Desist letter, on its face, targets religious speech, expression, and assembly, but leaves comparable secular activity untouched,” First Liberty wrote, adding, “Just as it would be ludicrous for the Town of Weare to impose a ‘Cease and Desist’ upon the assembly of its citizens at someone’s home for a birthday party for a 10-year old with his friends, a neighborhood Super Bowl party, or a gathering of local residents to read the latest New York Times bestseller as a part of its weekly book club, so it is equally unjustifiable under the First Amendment for the Town of Weare to insist that Pastor Kaloogian, and others, desist from religious assembly in his home.”

First Liberty’s request for a preliminary injunction reads, “Pastor Kaloogian moved to the Town in 2015. His home, situated on a spacious five-acres of land, consists of two main buildings: the primary residence and a renovated barn. The barn used to be a woodshop and party barn—well-known in the community for hosting acclaimed parties from the previous property owner—but has since undergone significant renovations. Now, the renovated barn consists of pews, a pulpit, an insulated ceiling, and an upgraded heating system. Pastor Kaloogian has also renovated the property to accommodate visitors, such as installing a retaining wall to allow off-street parking.”

Because of the pastor’s “strong sense of community and desire to bring people together,” he wanted to “host events on his property.”

Kaloogian and his wife have held numerous events in the past that did not require submitting a site plan. “[S]o long as they did not charge for the events, the barn could be used for whatever lawful purpose,” the document says.