Full opinion text
MEMORANDUM OPINION AND ORDER PALLMEYER, District Judge. Few principles are more venerable or more passionately held in American society than those of local control over land use and the right to assemble and worship where one chooses. On occasion, these principles conflict, and the right to assemble in a location of choice must be balanced against the need of a city to continue to grow economically, to provide adequate municipal services to its residents, and to continue to attract businesses and consumers. Plaintiff Vineyard Christian Fellowship of Evanston, Illinois (“Vineyard”), an incorporated church, owns property within Defendant Evanston’s (“Evanston” or “City”) city limits but is barred by the City’s zoning ordinance from using the property for worship or prayer. Vineyard has brought a twelve-count complaint under 42 U.S.C. § 1988, alleging that Evans-ton’s zoning laws on their face and as applied against Vineyard violate Sections 15 and 20 of the Illinois Religious Freedom Restoration Act (“IRFRA”), 775 ILCS 35/15 and 775 ILCS 35/20 (Count I); the Equal Protection Clause (Count II), Free Exercise Clause (Count III), First Amendment rights of free assembly (Count IV) and freedom of speech (Count V) of the United States Constitution; the rights of religious freedom (Count VI), freedom of speech (Count VII), freedom of assembly (Count VIII), and equal protection (Count IX) of the Illinois Constitution; Illinois zoning standards (Counts X and XI), and the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000ec, et seq. (Count XII). Vineyard seeks a declaratory judgment as well as injunctive and other relief. After this action was removed to federal court, the court heard evidence at a bench trial between January and March 2001. The following constitute the court’s findings of fact and conclusions of law pursuant to Fed. R. Civ. P. Rule 52. For the reasons set forth below, the court enters judgment in favor of Vineyard with respect to Counts II, IV, V, VII, VIII, and IX. As to the remaining counts, the court enters judgment in favor of Evanston. Finally, the court notes that, as the following discussion demonstrates, it might well be a simple matter for the City to amend its zoning ordinance in such a way as to satisfy the equal protection and free speech concerns at issue in this case. FINDINGS OF FACT A. Procedural History Vineyard commenced this action against Evanston in the Circuit Court of Cook County, Illinois on January 12, 2000. Defendant then removed the case to federal court on February 9, 2000. Vineyard filed an amended complaint for declaratory judgment, injunctive and other relief on October 11, 2000. The United States has intervened, arguing on behalf of the RLUIPA’s constitutionality, but not taking a position as to whether Vineyard’s rights have been violated. The court heard arguments on Vineyard’s motion for a preliminary injunction in December 2000 and directed Evanston to permit Vineyard to hold worship services on its property on Christmas Eve and New Year’s Eve in 2000. Vineyard, Christian Fellowship v. City of Evanston, N.D. Ill., No. 00 C 798 (Dec. 12, 2000). A bench trial was held in early 2001. Except with regard to damages, the matter has been fully briefed by the parties. This opinion follows. B. The Parties Plaintiff Vineyard has worshiped in various Evanston locations for approximately twenty-five years. (Transcript (“Tr.”) 283.) Its congregation is a member of the worldwide Association of Vineyard Churches (Tr. 66), and it is undisputed that the religious beliefs of Vineyard’s members are sincere. Vineyard’s total average weekly attendance in 2000 was approximately 623 (of whom 503 were adults), down from approximately 660 in 1999, and 745 in 1997. (Tr. 266-67.) The church’s Sunday morning worship service is one of the largest congregational gatherings in Evanston. (Tr. 83.) More than three-quarters of the church’s membership live within five miles of the City, with one-third of its members residing in Evanston, making Evanston the center of the radius within which Vineyard’s members live. (Tr. 282-83.) Evanston is a municipal corporation and is a home rule unit of local government under Illinois law. (Answer to Complaint (“Ans.”) ¶ 4.) The City is bounded on the east by Lake Michigan, on the north by the Village of Wilmette, on the west by the Village of Skokie, and on the south by the City of Chicago, and has a total area of approximately 8.5 square miles. (Tr. 929, 1141.) The City thus has no room for geographical expansion and has been almost completely developed for some time, (Tr. 518.) C. The Ordinance On April 26, 1993, the City adopted the Evanston Zoning Ordinance (“the Ordinance”), Ordinance No. 43-0-93. (City of Evanston Zoning Ordinance, Joint Exhibit 1; Ans. ¶ 8.) The Ordinance has been subsequently amended. (AnsA 8.) The Ordinance is designed to enforce the City’s Comprehensive General Plan (“General Plan”), which is a document articulating the City’s values and objectives for land use, public transportation, the location of schools, and other urban planning matters. (Tr. 933; Evanston Comprehensive General Plan of 1986, Plaintiffs Exhibit (“PX”) 46; Evanston Comprehensive General Plan of 2000, PX 47.) The City Council adopted new general plans in 1986 and 2000. (Id.) The Ordinance divides the City into 30 base zoning districts and 4 “overlay” districts. (Ordinance § 6-7-1.) The districts include the 01 Office District in which the subject property has been located at all relevant times, residential districts, business districts, commercial districts, downtown districts, as well as several special purpose districts. (Id.) Other than the property owned by Vineyard, there are no churches located in any of the City’s four 01 Districts. (Tr. 953.) As described in the Ordinance, 01 Office Districts are intended to provide appropriate locations for “contemporary, moderately low rise office developments” with particular attention to medical offices and financial office centers. (Ordinance § 6-15-2-1.) Permitted uses, which are allowed as a matter of right in 01 Districts, include cultural facilities, financial institutions, government institutions, hotels, offices, public utilities, and restaurants. (Id. at § 6-15-2-2.) Special uses in 01 Districts, which must be individually approved by the City Council, include child care centers, commercial indoor recreation facilities, commercial parking garages, commercial parking lots, drive-through facilities (accessory only), membership organizations, multiple family dwellings, retail goods establishments, retail services establishments, and planned developments. (Id. at § 6-15-2-3.) Vineyard asks the court to give careful attention to the correspondences between its proposed use of the property and the definitions of at least one of these permitted uses and one of the special uses which may be allowed in the 01 District. First, “cultural facility” is defined by the Ordinance as “an indoor theater, auditorium, or other building or structure designed, intended or used primarily for musical, dance, dramatic or other performances or a library, museum or gallery operated primarily for the display, rather than the sale, of works of art.” (Id. at § 6-18-3.) Second, the Ordinance defines “membership organization” as “[l]ands, buildings or portions thereof, or premises owned or operated by an organization of a professional, business, trade, civic, social, fraternal, political, or religious nature operating on a membership basis and engaged in promoting the interest of their members.” (Id. at § 6-18-3.) The Ordinance defines a “religious institution” as “a church, synagogue, temple, meetinghouse, mosque or other place of religious worship, including any accessory use or structure, such as a school, daycare center or dwelling.” (Id. at § 6-18-3.) Under this definition, religious institutions are a permitted use in eight of the city’s base zoning districts and are designated as special uses in fourteen other districts, but are forbidden in 01 Districts. (Id.) Specifically, religious institutions are permitted as of right in three of the City’s business districts, three commercial districts (including one mixed-use commercial district), the downtown “fringe” district, a manufacturing district, and the “university lakefront campus district.” (See generally Zoning Ordinance.) Religious institutions are permitted as special uses in several residential districts as well as three downtown districts, a manufacturing district, an industrial district, and three campus-related districts. (Id.) Approximately 90 religious institutions are currently located in the City (Tr. 1141), and an estimated 90% of the City’s geographic area lies in zoning districts in which churches are either permitted or special uses. (Tr. 399, 1140; Graphic of City of Evanston, Defendant’s Exhibit (“DX”) 5.) Churches are permitted as of right in only 10% of this area; in the other 90%, they are special uses requiring permission from the City Council on a case-by-case basis. (Tr. 411; Permissibility of Religious Institutions within the City of Evanston graphic, PX 45.) D. Vineyard’s Search for Property Any new large congregation or worshiping community would have difficulty finding space in Evanston unless it were able to buy property from a dying congregation within the City. (Tr. 601). Vineyard has made a significant effort to find alternate properties, and in 1997 purchased the subject property, located in an 01 District, despite its knowledge that the use Vineyard intended for the property was not permitted under the Ordinance. (Tr. 148-50, Ans-¶¶ 7, 11.) It had sought its own property since 1985, and during the process made written offers for nine different locations, as well as more than one offer for certain locations. (Tr. 92, 285.) Vineyard hired a professional real estate broker to assist its search from 1992 to 1996, and its minister, Mr. William Hanawalt, visited at least 59 properties during this period. (Tr. 300-01, 89-90, Vineyard Real Estate Search Table, PX 12.) The church considered properties between Lake Michigan to the east, Wilmette to the north, the Edens Expressway to the west, and the Rogers Park neighborhood to the south. (Tr. 621-22, 681-82.) Among the properties Vineyard considered were churches that have been closed, former schools, former theaters, commercial property, and an empty lot. (Tr. 214-16, PX 12.) In several instances, landowners refused to sell or rent to Vineyard because they did not want non-retail uses mixed with retail uses on their property. (Tr. 217.) Thus, when Vineyard approached the Dempster Street Plaza and the Main Street Plaza for either rental space or purchasing a subdivision, the landowners in question declined to negotiate on the ground that covenants with existing tenants precluded the transactions. (Id) The church also asked Mr. Eric Eriksson, a practicing architect from its congregation, to assist its search. (Tr. 621.) Beginning in 1985 on a volunteer basis, and continuing on from 1988 or 1989 on a paid basis, Mr. Eriksson considered approximately 80 properties, and visited at least 60 in the course of this search. (Tr. 621, 623.) Vineyard has continued to seek alternate sites after purchasing the subject property and has also considered at least four other sites during the pendency of this lawsuit. (Tr. 214, 257-58; Supplemental Affidavit of Vineyard Pastor William C. Hanawalt of 4/17/02 (“Hanawalt Supp. AS.”) ¶ 4.) On February 11, 1992, more than a year before the passage of the Ordinance, Vineyard pastor William Hanawalt sent a letter asking the chairman and members of the City’s Planning and Development Committee to consider allowing churches in city areas zoned for manufacturing. (Letter of 2/11/92 from Vineyard Executive Pastor Hanawalt to City Planning and Development Committee, DX 6.) The letter indicated that Vineyard was only able to find suitable real estate for its purposes in warehouse-type buildings located in manufacturing zones. (Id) In this letter, Mr. Hanawalt conceded that it would be “very undesirable for a large church to displace sales tax generating business/commercial property with our required parking and buildings and have a giant ‘hole’ in a retail area that is relatively empty six days a week.” (Id) The court understands that the letter pre-dates Vineyard’s interest in and purchase of the subject property, and the record does not reveal how the subject property was zoned before the ordinance was passed. Vineyard made a series of offers to purchase industrial or manufacturing real estate, but for various reasons the deals fell through. (Tr. 89-101.) There is no evidence in the record that the City responded directly to Mr. Hanawalt’s letter, but the City partially complied with Vineyard’s request by amending the draft Ordinance to make some of the manufacturing zones places where churches may operate as special uses. (Tr. 293.) E. The Property The property (“the subject property” or “1800 Ridge”) at issue in this case is located at 1800 Ridge Avenue in Evanston. The property’s lot is approximately 200 feet deep with approximately 175 feet of frontage along the west side of Ridge Avenue opposite the intersection of Clark Street. (Tr. 754; Evanston Ridge-Vineyard Subdivision, PX 16.) At an unspecified date in the 1920s, the property was used by a Methodist church. (Tr. 634-636.) The property is now improved with a two-story building, which is approximately 70 years old and has a square footage of between 35,000 and 39,000 feet. (Tr. 754.) The building was originally built to house an auto dealership before being converted into office use by the American Hospital Supply Company in the 1970s. (Tr. 1055). After American Hospital Supply left Evanston in the mid-to-late 1980s, the building was used intermittently for office purposes, and then in 1996 its owner (presumably American Hospital Supply) went into bankruptcy before selling the property to Mark Realty in 1996 (Tr. 536-37). Vineyard considered purchasing the subject property on several occasions. (Tr. 100, 102.) Because the building is not large enough to accommodate all of Vineyard’s members at a single worship ser- _ vice, when the church first considered the property at an unspecified date in the early 1990s, members still hoped they would one day find a larger site. (Tr. 100.) Mr. Hanawalt was familiar with the building from the outside, and finally visited the inside of the property in 1996. (Tr. 102-OS.) He was aware that the building was empty intermittently throughout the early 1990’s. (Tr. 103.) On August 23, 1996, Vineyard signed a contract (“the Contract”) to buy the subject property from Mark Realty for $1,100,000. (Real Estate Sale Contract of 8/23/96, PX 13.) The Contract contained a zoning contingency that allowed Vineyard to extend the closing date until January 15, 1997 to “obtain all zoning, subdivision and other approvals and/or permits necessary and reasonably acceptable to [Vineyard] for [Vineyard’s] use of the Property as a church.” (Id. ¶ R-6.) The Contract also provided that if Vineyard were unable to obtain zoning approval by the required date, it could either terminate the contract and forfeit its $20,000 earnest money or avail itself of successive “zoning extensions,” moving the closing until February 15, March 15, and April 15, 1997 at the cost of $10,000, $15,000 and $20,000, respectively. (Id.) In April 1997, Vineyard amended the contract by initially waiving the zoning contingency, and subsequently negotiating an additional extension for the closing date, and agreeing to a per diem payment to Mark Realty until the closing took place. (Tr. 148-49; Letter from Seller’s Counsel Marjorie C. Howard to Vineyard Counsel Mark Robert Sargis of 4/30/1997 (“Howard Letter”), PX 14.) Mark Realty conveyed the deed to Vineyard on May 8, 1997. (Ans. ¶ 7; Howard Letter; Special Warranty Deed of 5/8/97, PX 17.) The subject property was appraised at $1,850,000 in July 2000. (Tr. 1074-75.) As of the time of the hearing, Vineyard had listed the property for sale at $2,500,000 (Tr. 287-88, 319), and an offer in that amount has been received apparently contingent upon securing approval for condominium development. As of July 2, 2002, Vineyard had not accepted this offer. F. Vineyard’s Efforts to Amend the Ordinance After entering into the contract to purchase 1800 Ridge, Vineyard filed (1) a Petition for Text Amendment to § 6-15-2-3 of the Ordinance to add “Religious Institutions” as a permitted use or, in the alternative, a special use in the 01 District; and (2) an application for special use requesting that Vineyard be allowed to use the subject property as a religious institution. (Petition to Amend Evanston Zoning Ordinance, PX 3; City of Evanston Application for Special Use (“First Special Use Application”), PX 4.) These applications were made pursuant to the City’s coordinated Review and Approval procedure. (Tr. 360; Ordinance § 6-3-4-8.) Under that procedure, initially, an individual or organization files a petition with the zoning administrator’s office. A hearing is then scheduled before the City Plan Commission (“Plan Commission”). If the matter deals with a specific piece of property, the zoning administrator notifies neighbors, property owners, and taxpayers of record within 500 feet. (Tr. 350.) After the hearing, the Plan Commission makes a recommendation as to whether the City Council should adopt an ordinance granting the petition amendment or not. The City Council then considers the recommendation and either adopts or does not adopt the amendment. (Tr. 351.) If the applicant for an amendment also seeks a special use (in anticipation of the City Council granting the request for the amendment), the applicant can follow the “coordinated procedure,” in which the City Zoning Board of Appeals (“Zoning Board”) conducts a hearing on the special use simultaneous to the hearing on the amendment. Sometimes the Zoning Board and the Plan Commission hold joint hearings to consider both requests. (Tr. 352.) The Plan Commission acted favorably on Vineyard’s Petition for Text Amendment. On December 11, 1996, the Plan Commission recommended that the City Council amend the Ordinance to include “religious institutions” among the special uses listed for the 01 District. (AnsV 39.) The Zoning Board also acted favorably, approving Vineyard’s Application for Special Use on February 4, 1997. The Plan Commission issued its written recommendation in favor of Vineyard’s Petition on February 12, 1997. {Id.; Plan Commission Recommendation of 2/12/97, PX 6; Memo from Arthur Alterson, Evanston Zoning Administrator, to David Jennings, Traffic Engineer, of 2/14/97.) Evanston’s City Council was less favorably disposed. On May 5, 1997, the City Council voted to reject the Plan Commission’s recommendation. Having thus refused to amend the Ordinance to include “religious institutions” among the special uses in 01 Districts, the City Council did not vote on the Board of Appeals’ recommendation that Vineyard be granted a special use to use the subject property as a church. (Ans. ¶ 49; Minutes from Evans-ton City Council Meeting of May 5, 1997, PX 15.) Despite this setback, Vineyard proceeded to complete the purchase of the subject property two days later, on May 7, 1997. (Tr. 151.) Reverend Hanawalt explained that Vineyard concluded that the subject property would be useful for the church’s operations, offices, and other cultural activities, even if it could not be used for worship services. (Tr. 151-52.) And he was optimistic that once the City Council saw that Vineyard had tax exempt status anyway, the Council would no longer have any incentive to bar Vineyard from holding worship services at the site. (Tr. 152-153.) On July 20, 1998, Vineyard filed suit in state court to challenge the City’s denial of Vineyard’s zoning requests. Vineyard Christian Fellowship of Evanston v. City of Evanston, 98 CH 9541; (Ans.¶ 65.) Vineyard voluntarily dismissed the suit without prejudice on January 12, 1999. (Id. ¶ 66.) On March 15, 1999 Vineyard again filed with the City (1) a Petition for Text Amendment to Section 6-15-2-3 of the Ordinance to add “Religious Institutions” as either a permitted or special use in 01 Districts, and (2) an Application for Special Use requesting that the subject property be allowed for use as a religious institution. (Petition to Amend the Evanston Zoning Ordinance of 3/15/99, PX 22; Application for Special Use of 3/15/99, PX 23; Ans. ¶ 67.) These applications were similar to the zoning applications that the church had submitted in 1996 and 1997, and were again filed under the City’s coordinated Review and Approval procedure. (Ans. ¶ 68; Tr. 388; Ordinance § 6-3-4-8.) The results of Vineyard’s second application echoed those of its first. On April 6, 1999, the Zoning Board voted to grant a special use to permit the subject property to be used for a religious institution; the Board issued a written recommendation on May 12, 1999. (Ans. ¶ 69; City Zoning Board of Appeals Recommendation of 5/12/99, PX 27.) On April 14, 1999, the City Plan Commission voted to amend the text of the Ordinance to include “religious institutions” among the special uses listed for the 01 District; on May 11, the Commission issued its written recommendation to that effect. (Ans. ¶ 70; City Zoning Plan Commission Recommendation of 5/11/99, PX 26.) On June 28, 1999, the City Council voted to reject the Plan Commission’s recommendation to approve the amendment of the Ordinance’s text, and consequently did not vote on Vineyard’s application for special use. (Ans. ¶ 71; City Council Minutes of 6/28/99, PX 31.) G. Vineyard’s Current Use of 1800 Ridge and other Properties in Ev-anston From 1991 to the present, Vineyard’s congregation has rented space at Evanston High School under a series of annual leases that allow use on Sunday morning only. (Answer to Plaintiffs Request to Admit (“Ans. to Pl.’s Req.”) ¶78; Tr. 246-47; Leases between Vineyard and Evanston Township High School District 202, PX 1.) The church uses the high school only for Sunday worship and children’s Sunday School; accordingly, Vineyard has had to rent at least ten other facilities for baptisms, weddings, and funerals. (Tr. 250-51; 273.) Holding weekly worship services at a rented location has been burdensome to Vineyard and its congregation. Renting space for worship has required Vineyard volunteers to prepare the rented space for worship on a weekly basis; exposed the church to temporary or permanent displacement; required it to accept its landlord’s lighting and sound preferences; and raised security concerns for church members interacting with other people using the high school’s facilities on weekends. (Tr. 251-52.) Renting the high school auditorium and exercising various options within the rental lease costs Vineyard almost $100,000 a year for a 90 minute service each week (PX 1; Tr. 253); Mr. Hanawalt estimates that if worship were permitted at the 1800 Ridge location, Vineyard’s cost to operate the property seven days a week, even including the additional expense for worship services, would be approximately $120,000 a year. (Tr. 253; Hanawalt Supp. Aff. ¶ 7.) Soon after purchasing the subject property, Vineyard began using the building’s second floor for administrative offices and other church-related administrative activities, including seminars; classes; meetings; counseling; a tape and book library; meals; and rehearsals for and recordings of musical, dramatic and dance productions. (Tr. 171.) Vineyard’s original plan for the subject property included a sanctuary on the first floor. (Tr. 301.) After the City voted for the first time, in 1997, not to amend the Ordinance, Vineyard built a multi-purpose auditorium, which occupies the western two-thirds of the ground floor. (Tr. 174-75; Subject Property Floor Plan, PX 35.) The central part of the floor is a lobby area with a kitchen. (Tr. 175; PX 35.) The eastern portion of the floor, which now houses approximately 500 fixed seats, is an undeveloped area which Vineyard would like to use for worship. (Tr. 175.) In operating the auditorium as a cultural facility, Vineyard has hosted concerts, lectures, theatrical events, coffeehouses, Christmas pageants, wedding receptions, dances, photography exhibits, and guitar classes. (Tr. 174, 177, 189-90.) Vineyard typically uses the auditorium three or four times a week for large group meetings, leadership training, educational events, youth events, liturgical dance presentations, coffeehouses and other musical events, and music rehearsals. (Tr. 190-91.) Vineyard has not used the subject property for worship services, except for services on December 24 and 31, 2000, pursuant to a preliminary injunction granted by this court. Vineyard Christian Fellowship v. City of Evanston, N.D. Ill., No. 00 C 0798 (Dec. 12, 2000). Vineyard has found the subject property useful for all permitted uses: owning 1800 Ridge has saved time on publicity; has made Vineyard’s facilities accessible, easy to find, and close to public transportation; has been convenient for Vineyard’s counseling ministry; and has made members of the congregation feel safe parking for night meetings. (Tr. 258-59.) Evanston acknowledges that from 1997 to the present, neither Vineyard’s uses of the subject property, nor parking incident to Vineyard’s activities, has had any adverse effect on properties adjacent to or in the immediate neighborhood of the subject property. (Defendant’s Response to Request to Admit (“Def.’s Adm.”) ¶ 17, Supplemental Answers to Request to Admit ¶ 18.) The City concedes further that Vineyard’s actual use of the subject property from 1997 until now has not caused any problems or adverse effect with regard to the environment, pollution, noise, water, sewer, public health, safety, or public morals. (Supplemental Answers to Request to Admit ¶¶ 30, 32, 36, 42.) The City has neither cited Vineyard for any violations nor commenced any enforcement action under the Ordinance with regard to Vineyard’s actual uses of the subject property since its acquisition. (Response to PL’s Request to Admit, ¶ 48, Tr. 708.) H. Vineyard’s Proposed Uses of the Property Vineyard’s zoning applications proposed a worship auditorium of 700 seats for the east side of the subject property’s first floor. If the church is allowed to proceed, it will “probably” initially construct a sanctuary with the 500 fixed seats that currently occupy the eastern third of 1800 Ridge’s first floor. (Tr. 186.) In summarizing this proposal, the church’s pastor noted that Vineyard’s congregation has shrunk, that it had been given the 500 fixed seats by a school, and that it would also contemplate holding multiple worship services on Sundays if it were allowed to worship at the subject property. (Tr. 186-87.) I. The City’s Rationales for the 01 District Evanston has a lower per capita tax base than many comparable Chicago suburbs. The City’s per capita equalized assessed valuation (“EAV”), the total value of the property in a city divided by its population, is $15,951, a figure below the EAVs of its neighboring or comparable communities of Highland Park ($38,243), Wilmette ($28,488), Glenview ($27,233), Des Plaines ($24,737), Skokie ($22,979), Naperville ($22,241), Arlington Heights ($21,079), and Mount Prospect ($21,079). (Tr. 1232; “Evanston’s Tax Base Low by Comparison” Table, Defendant’s Exhibit (“DX”) 15.) Similarly, Evanston’s per cap-ita revenue from sales tax, at $96, trails the corresponding revenues for Highland Park ($243), Skokie ($223), Des Plaines ($169), Naperville ($148), Arlington Heights ($134), Glenview ($124), Mount Prospect ($120), and Wilmette ($103). (Tr. 1233, DX 15.) The only listed suburb behind Evanston in either category is Oak Park, which has an EAV of $12,201 and a per capita sales tax revenue of $59. (DX 15.) James Wolinski, director of community development for Evanston, testified that as of February 9, 2001, the City anticipated a 1.3 percent deficit between projected revenues and projected expenditures for the upcoming budget year. (Tr. 948-49.) The gap, in dollars, that existed as of that date between the revenues and the proposed expenditures was approximately $1.3 million. (Tr. 949.) As a religious institution, pursuant to Illinois law, 35 ILCS 200/15^10, Vineyard currently pays no taxes on the subject property. (Tr. 261.) On June 18, 1998, the Illinois Department of Revenue (“IDOR”) declared a 50 percent tax exemption on the subject property for the 1997 tax year, when Vineyard was using only one of its two floors. (Tr. 261-62; IDOR Non-Homestead Property Tax Exemption Certificate of June 18, 1998, PX 39.) The church paid approximately $16,000 in taxes on the undeveloped portion of the building for tax years 1997 and 1998. (Tr. 263.) On August 24, 2000, after Vineyard developed its first floor and applied for a tax exemption, the IDOR approved a 100 percent exemption for the subject property. (Tr. 263-64; IDOR Non-Homestead Property Tax Exemption Certificate of June 18, 1998, PX 40.) The City appealed the IDOR’s 1998 determination, and on March 13, 2000, an Administrative Law Judge upheld the decision to exempt 50 percent of the subject property for 48 percent of the 1997 tax year (48 percent representing the portion of the year Vineyard occupied the building) and 100 percent of Vineyard’s parking area at the subject property. www.reve-nue.state.il.usflegalinformation/hear-ings/pt/pt00-12.pdf. The court is unaware of whether Evanston contested the 100 percent exemption. Michael MaRous, an expert witness called by the City, is the president of MaRous and Company, a real estate appraisal and consulting firm. (Tr. 1050.) He has worked in that field for over 20 years and has appraised all types of real estate during that time. (Id. at 1051.) MaRous estimated that if the subject property were used for office purposes, it would generate approximately $160,000 annually in real estate taxes payable to the City’s various taxing bodies. (Tr. 1083.) As Vineyard notes, however, offices and cultural facilities are permitted uses in the 01 District whether the user is a taxable or tax-exempt entity. (Tr. 420-21; 962, 964, 967.) Similarly, membership organizations are allowed as special uses in the 01 District whether they are taxable or tax-exempt. (Tr. 421.) Presumptively tax-exempt government institutions are also permitted in the 01 District. (Tr. 548, 963.) Specifically, the 1986 General Plan in effect at all times relevant to this litigation provided that While not always recognized, there is a relationship between the City’s cultural resources and the vitality of local business. Dollars spent on the arts in Ev-anston have economic impacts throughout the community. For each dollar spent on a theater ticket or admission to a gallery, additional dollars are spent on meals and other goods. (PX 46, at 88-89.) The General Plan lists as general objectives, “[p]romot[ing] the development and growth of the City’s cultural resources such as art centers, museums, theaters, historical associations ... specialized libraries and other facilities of educational, cultural and economic value” and “[e]ncourag[ing] inclusion of cultural facilities in large development or redevelopment projects in the downtown by providing incentives in appropriate zoning and development regulations.” (PX, at 90). The General Plan also lists the “identification of potential space for arts activities” and the “identification of potential arts space in business and commercial areas” as “examples and possibilities” of forward-looking goals for the City. (Id.) Wolinski testified that the potential revenue sources for the City from a cultural facility would be in the form of sales tax, retail tax, or an amusement tax. (Tr. 938-39.) He also stated that cultural organizations tend to have a wide variety of clients and, because they bring people into the area on a regular basis, attract more potential shoppers and diners to City businesses. (Tr. 951.) Steven Lenet, an expert witness for Vineyard, testified at the preliminary injunction hearing before this court that the distinction between cultural and religious institutions in the zoning ordinance was unusual. (Preliminary Inj. Tr. 53.) Len-et, who has written several zoning codes in other cities and villages in Illinois, stated that he was unaware of another city or village in the state that did not consider religious institutions to be in the same category as cultural or membership organizations. (Id.) The General Plan also articulates objectives and policies for the City’s Central Business District. City policies include “[m]aintain[ing] the balance of the Central Business District by encouraging activities such as ... cultural and service functions ... that complement the role of the Central Business District as an office center”; “[e]neourag[ing] multiple use facilities to conserve and to make the most efficient use of the high value land in the Central Business District”; “[e]ncourag[ing] creation of facilities, especially those with direct street access, which serve cultural purposes”; and “[c]ontinu[ing] to pursue refinements of the zoning ordinance intended to stimulate economic revitalization of the Central Business District.” (PX 46, at 32.) One of Evanston’s objections to Vineyard’s using the subject property for worship services relates to the absence of adequate parking in the area and the traffic that might be generated if Vineyard were permitted to hold worship services at 1800 Ridge. Vineyard currently uses approximately 300 parking spaces for a single Sunday service. (Tr. 293.) Hanawalt explained that under its initial contract with the seller, Vineyard would have purchased one half of the west parking lot behind 1740 Ridge, the building just to the south of the subject property. (Tr. 154.) However, the boundaries changed in the final contract for sale of the property because Vineyard arrived at an agreement with the seller for an easement that would allow Vineyard to use all three parking lots that had been part of the original joint property on weekends and evenings. (Tr. 154-55, PX 11.) Hanawalt testified there were 12 legal parking places in front of the building and nine on the street west of the property. (Tr. 161.) On Asbury Avenue on Sundays there are 20 parking places north of Lyons and 20 south of Lyons on the west side of the street (Lyons runs east-west and lies one block north of Church Street, making it a very short walk to the subject property). Parking is also available across Ridge Avenue; all down Clark Street and Oak; and west of Asbury on Lyons there are three blocks of on-street parking. (Id.) Had the City Council action been favorable to Vineyard, Hana-wait asserted, the church would have and could have negotiated additional parking easements. (Tr. 164.) In the event Vineyard could not find enough nearby parking, the church planned to use shuttle buses to transport people from the El stop to the church. (Tr. 166.) Vineyard has never had parking problems for its weekend or evening use of the property. (Tr. 191.) Robert B. Hamilton, Vineyard’s expert witness on traffic and parking, testified that on Sunday mornings there would be approximately 250 spaces available within a 1200-foot distance (as required of the City code) of the subject property. (Tr. 856.) Hamilton stated that based on his understanding of the City code, no additional parking would be required at the site simply because of a change in use, since its old number of required parking spots would be essentially grandfathered. (Tr. 883.) If Vineyard’s proposed change were considered a new use, resulting in application of the code as if it were a new building, Vineyard would be required to show the availability of one space for every ten seats in the subject property. (Tr. 884.) Assuming a sanctuary of 700 seats, at least 70 parking spaces would have to be available. The code also permits the use of off-site lots and on-street parking to meet the requirement, as long as they are within 1200 feet of the subject property. (Id.) Hamilton concluded that the parking available surrounding the property is sufficient to meet the code’s requirements. (Tr. 887.) Hamilton compared these requirements to those imposed by the Ev-anston code on Vineyard’s use of the subject property as a cultural institution. (Tr. 885.) The code imposes a requirement of one spot per ten seats on cultural facilities, just as for religious facilities, but then imposes a few additional requirements, such as increased parking for employees. Therefore, Hamilton observed, cultural facilities with the same seating capacity as religious facilities would always require slightly more parking. (Id.) Regarding traffic, Hamilton also testified that worship services at the subject property should have a minimal impact on traffic because the Sunday morning services occur at a time in which the surrounding roadway can handle it. (Tr. 853, 857.) Hamilton studied traffic patterns near the subject property and compared it to data collected by Vineyard on Sunday, March 28, 1999, from 8:30 a.m. to 1 p.m. (PX 38.) Hamilton stated that use of the subject property as offices, which would likely generate more weekday traffic, would be “perhaps the worst condition,” from a safety point of view. (Tr. 865.) Hamilton also compared the church’s current use during evenings and weekends, as a cultural facility, with its proposed use as a site for Sunday morning worship, and concluded that the cultural use, particularly in the early evenings when traffic is still high, would have a more negative impact on traffic and safety than the Sunday use. (Tr. 865-66.) By the end of a weeknight event, Hamilton conceded that the traffic impact would be similar to what would happen on Sunday mornings. (Tr. 867.) Willard Anthony Alroth, Evanston’s expert on traffic and parking, and a member of the Institute of Traffic Engineers, stated that if Vineyard’s proposed 700-seat facility were filled, he anticipated the need for more than 340 parking spaces. (Tr. 1012-1013.) Based on his observations, Alroth concluded that approximately 111 parking spaces were available on site. (Tr. 1013.) Alroth hypothesized that there could be serious congestion produced at the driveway to the subject property, particularly if the lot is filled. (Tr. 1017.) He did not explain whether churches are distinguishable from cultural facilities with respect to traffic and parking. Alroth and Hamilton both noted that the access to the 1800 Ridge site from the north is restricted because of a barrier median, thereby only allowing right turns to access the property from the north. (Tr. 872-73, 1014.) DISCUSSION I. Equal Protection Plaintiff argues that the Ordinance violates the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution and Article 1 § 2 of the Illinois State Constitution. In particular, Vineyard contends that the Ordinance allows some similar uses (i.e. cultural facilities) to operate as permitted uses in the 01 District and allows other similar uses (i.e. membership organizations) to operate as special uses in the District, while religious institutions are prohibited from locating in the District. The court inquires first whether denying Vineyard the right to conduct worship services within the 01 District deprives Vineyard of the equal protection of the laws. In other words, the court first analyzes Vineyard’s “as applied” challenge to the ordinance. If Vineyard’s equal protection rights have been violated, there will be no occasion to decide whether the ordinance is facially invalid. See City of Cleburne v. Cleburne Living Center, 473 U.S. 432, 447, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985) (courts should avoid making unnecessarily broad constitutional judgments). The Equal Protection Clause mandates that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” This clause is “essentially a direction that all persons similarly situated should be treated alike.” Cleburne, 473 U.S. at 439, 105 S.Ct. 3249. “Equal protection limits the power of a legislature to target a particular individual, organization, or group by requiring that the legislature confer benefits or impose costs on a larger, neutrally defined group; it cannot pick on just the most vulnerable.” L C & S, Inc. v. Warren County Area Plan Com’n, 244 F.3d 601, 602 (7th Cir.2001). The Supreme Court has established the following standards for determining the validity of state legislation such as zoning ordinances under the Equal Protection Clause: “Unless a classification trammels fundamental personal rights or is drawn upon inherently suspect classifications such as race, religion, or alienage, our decisions presume the constitutionality of the statutory dis-criminations and require only that the classifications challenged be rationally related to a legitimate state interest.” City of New Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 49 L.Ed.2d 511 (1976). If the legislative classification negatively affects such a suspect class, then courts may uphold the classification only if it is “precisely tailored to serve a compelling governmental interest.” Sklar v. Byrne, 727 F.2d 633, 636 (7th Cir.1984) (quoting Plyler v. Doe, 457 U.S. 202, 216-17 & n. 14, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982)). Absent an invidious or gender-based classification, “[t]he general rule is that legislation is presumed to be valid and will be sustained if the classification drawn by the statute is rationally related to a legitimate state interest.” Cleburne, 473 U.S. at 440, 105 S.Ct. 3249 (citations omitted). Further, interpreting this jurisprudence in the context of an equal protection challenge to municipal land use decisions, our Court of Appeals has explained: “Absent a fundamental right or a suspect class, to demonstrate a viable equal protection claim in the land-use context, the plaintiff must demonstrate ‘governmental action wholly impossible to relate to legitimate governmental objectives.’ ” Forseth v. Village of Sussex, 199 F.3d 363, 370-71 (7th Cir.2000), citing Esmail v. Macrane, 53 F.3d 176, 180 (7th Cir.1995) and Olech v. Village of Willowbrook, 160 F.3d 386, 387-88 (7th Cir.1998), aff’d, 528 U.S. 562, 120 S.Ct. 1073, 145 L.Ed.2d 1060 (2000) (explaining that the Equal Protection Clause can be invoked by an individual who can prove that action taken by the state was a spiteful effort to “get” him) (additional citation omitted). The court begins by considering the question of whether the Ordinance classifies on the basis of religion. In Love Church v. City of Evanston, 671 F.Supp. 515, 518-19 (N.D.Ill.1987), vacated on other grounds, 896 F.2d 1082 (7th Cir.1990), Judge Grady of this court concluded that an earlier Evanston zoning ordinance, which similarly prohibited churches from certain city districts, classified on the basis of religion, thus necessitating strict scrutiny. In a persuasive opinion, Judge Grady posed the following scenario: Suppose, for example, a group of people wished to assemble on a regular basis in Evanston to discuss and hear lectures on classical literature. This group might also wish to have seminars for young people after school or on weekends to expose them to “great books.” These people could rent a building in any business or commercial zone and have their meetings. But if that same group of people wished to assemble for the purpose of religious worship and to hold classes for its young people to educate them about religion, they would have to get special permission from Ev-anston. Id. at 518. The court concluded, “The only distinguishable feature of the groups in our hypothetical is the purpose and content of the assembly. Because Evanston’s ordinance distinguishes between religious assembly uses and non-religious assembly uses, it classifies on the basis of religion.” Id. at 518-19. Vineyard offered a similar, persuasive argument in this case: Vineyard’s congregants may permissibly stage (at the subject property) a production of the musical play “Fiddler on the Roof,” which includes a scene depicting a traditional Jewish wedding. Vineyard may not, however, host an actual religious wedding at 1800 Ridge under the zoning ordinance. These simple examples satisfy the court that the City’s ordinance, although it does not single out a particular religious group, nevertheless classifies on the basis of religion. The court in Love Church noted that just because other, non-religious uses were also prohibited from the district, does not mean the ordinance does not classify on the basis of religion. Id. at 517-18. Rather, the significant inquiry is whether religious institutions are treated differently from their similarly situated counterparts, and the court concludes here that they are. Cultural organizations are permitted in the Ol District, and membership organizations may be permitted as special uses. Theaters, like churches, often bring together large groups of people of all ages to participate in a common experience. Many cultural, religious, and membership organizations hold ceremonies, social functions, fundraisers, and other common activities. The court concludes that the major difference between the permitted and special use organizations on the one hand, and Vineyard on the other, is that Vineyard wishes to conduct worship services at its property. Evanston’s claim that it has zoned purely for land use purposes and not on the basis of religion is not supported by the facts, and its classification on the basis of religion is therefore suspect. The court notes that its conclusion in this case does not mandate this result in all future cases where a zoning ordinance specifically classifies religious institutions. If, for example, religious institutions are treated the same under a zoning ordinance as their similarly situated counterparts (such as cultural and membership organizations), a court might well conclude that the classification is not on the basis of religion, and therefore require the municipality only to show a rational basis for its zoning code. This was the case in C.L. U.B. v. City of Chicago, 157 F.Supp.2d 903, 906 (N.D.Ill. 2001), where the zoning ordinance at issue required churches, as well as clubs, lodges, meeting halls, recreation buildings, and community centers to obtain special use permits to locate in business and commercial districts in the city. Significantly, the previous version of the Chicago ordinance and the one that was originally challenged in C.L.U.B. treated these entities differently; churches were treated as special uses, while the other entities were permitted as of right. Id. The city actually amended the ordinance in response to the litigation and possibly in response to an earlier ruling in the case denying the city’s motion to dismiss the plaintiff churches’ equal protection claim. C.L. U.B. v. City of Chicago, No. 94 C 6151, 1996 WL 89241, *24 (N.D.III. Feb.27, 1996). In a subsequent ruling on summary judgment, the court applied the rational basis test, and emphasized that under the amended ordinance, most of the uses allegedly similar to churches received the same treatment. 157 F.Supp.2d at 912. The C.L.U.B. case is currently before our Court of Appeals. Without the benefit of that court’s guidance, this court concludes that the Chicago ordinance’s classification of churches, as well as cultural and membership organizations, as special uses in the business and commercial districts is the critical distinction between that case and the present one. In this case, it is clear that Evanston does classify on the basis of religion. The fact that Vineyard is permitted to run a non-profit cultural facility on its site, but may not hold worship services there, supports this conclusion. Upon determining that the ordinance classifies on the basis of religion, the court must inquire whether the provision of the ordinance creating the 01 District furthers a compelling interest and is narrowly tailored to meet that interest. Evanston has proffered the following reasons for keeping religious institutions out of the 01 District: traffic congestion and parking problems that would arise if Vineyard were allowed to hold Sunday morning worship services; the need to encourage commercial and business uses in the district in order to enhance the City’s economic profile and raise tax revenues; and the importance of creating more office space in Evanston. There is no doubt that these are important goals for a city, and Evanston’s desire to compete with some of its more affluent neighbors is both understandable and acceptable. The court concludes that as applied in this case, however, the zoning ordinance does not advance these significant goals. As discussed previously, Evanston currently allows Vineyard to conduct many of its activities at the 1800 Ridge property, but does not permit Vineyard to hold worship services there. The City argues that even tax-exempt cultural organizations are preferable to religious institutions because they tend to draw more people into Evans-ton who will dine in the City’s restaurants and visit the City’s shops. Evanston offered no evidence, however, that people attending church services do not eat in City restaurants or shop in Evanston stores. Furthermore, with respect to the 1800 Ridge property, there is no evidence that there are any nearby stores or restaurants catering to theater or church-goers. In addition, Vineyard currently enjoys tax-exempt status with respect to the subject property. There has been no evidence presented that a tax-exempt cultural institution at 1800 Ridge would generate more revenue for the City than a religious institution. Evanston argues that certain cultural institutions do generate revenue and draw people to the City, but the court concludes that the ordinance was simply not written to ensure this result. The ordinance allows any cultural organization; and with the Zoning Board’s permission, membership organizations (as special uses) to reside in the 01 District, regardless of their tax status and potential to generate revenue. Therefore, with respect to 1800 Ridge, Evanston’s argument that cultural institutions are more profitable for the City is a non-starter. There is at best conflicting testimony regarding the effect on traffic and parking if Vineyard were allowed to hold Sunday worship services at the subject property. Hamilton testified that a cultural organization with seating for 700 would require more parking spaces than Vineyard needs under the City’s code. He concluded that Vineyard would have no trouble meeting its parking needs, even if its need exceeded the City’s requirements. Hamilton pointed out further that allowing Vineyard to hold Sunday morning worship services would have little impact on traffic because there is little other traffic on Sunday mornings. MaRous testified for Evanston that there could be a severe encroachment into the residential neighborhood to the west of the subject property, not only from the increased traffic but particularly in terms of the demand for parking on Sundays and other major holidays, but he reached this conclusion without the benefit of data or study. The court is not persuaded by Evanston’s argument about the ill effects on parking and traffic a church would have in this neighborhood. In any event, even if the court were to consider Evanston’s interests to be compelling, the 01 District is not narrowly tailored to meet its goal. The court acknowledges that few other courts have opted to apply strict scrutiny to zoning ordinances in analogous cases. See C.L. U.B., 157 F.Supp.2d at 910-11 (applying rational basis review to equal protection challenge in part because church owners were not suspect class); International Church of the Foursquare Gospel v. City of Chicago Heights, 955 F.Supp. 878, 881 (N.D.Ill.1996) (dismissing equal protection challenge to zoning ordinance excluding churches from district under rational basis standard); see also Cornerstone Bible Church v. City of Hastings, 948 F.2d 464, 471-72 and n. 13 (8th Cir.1991) (absent evidence of purposeful discrimination based on religious status, the rational basis standard should apply). In this court’s view, however, even the more lenient rational basis test leads to the conclusion that Vineyard’s equal protection rights have been violated. Rational basis review requires the court to examine whether permitting Vineyard to hold worship services at the subject property “would threaten legitimate interests of the city in a way that other permitted uses ... [such as cultural centers] would not.” Cleburne, 473 U.S. at 448, 105 S.Ct. 3249. In Cornerstone Bible Church, 948 F.2d 464, the Eighth Circuit analyzed a Minnesota city’s zoning ordinance that excluded churches from its central business district. In reversing the district court’s grant of summary judgment to the defendant on the equal protection issue, the court stated that “[ujnder the equal protection clause we must consider whether the City has a rational basis to differentiate between the Church and the entities it permits in the C-3 zone. Any differentiation must be relevant to the objectives the City is attempting to achieve through its ordinance.” Id. at 471 (citation omitted). The question is whether it is rational to treat worship services differently than, for example, a meeting of the Masons, or a production of “Fiddler on the Roof.” The record does not clarify how the characteristics of religious worship rationally justify denying Vineyard the right to use the property for religious services. The court fails to see any basis for Evanston’s argument that allowing Vineyard to conduct worship services at 1800 Ridge would pose any threat to the City’s legitimate interests. With respect to parking and traffic, the evidence shows that in fact, cultural institutions have the potential to pose greater problems for the City than Vineyard, nor is there any evidence suggesting that Vineyard would not abide by City ordinances regarding traffic and parking. The City’s argument about generating revenue is more compelling, but again, Evanston has not offered an adequate explanation for permitting tax-exempt cultural institutions and membership organizations to operate in the 01 District, possibly including facilities with no potential for generating revenue. For these reasons, the court concludes that the City has failed to offer a rational explanation for treating Vineyard differently from similarly situated institutions such as cultural and membership organizations. See Cornerstone Bible Church, 948 F.2d at 471 (remanding to the district court the question of whether the city had a rational basis for excluding churches from the city’s central business district, when the city offered no rational justification for its distinction between churches and other non-commercial entities, such as Alcoholics Anonymous and the Masonic Lodge.) As noted earlier, the court suspects that a simple amendment to the ordinance could readily solve Evanston’s problem in a way that eliminates the unequal treatment. For example, the City could potentially bar not for profit cultural institutions from the 01 District, or it could allow religious institutions as permitted or at least as special uses. II. Free Speech and Assembly In Counts IV and V, Vineyard asserts that the City’s exclusion of religious institutions from 01 Districts and the City’s refusal to amend the Ordinance in response to Vineyard’s petitions violate the congregation’s rights to free speech and assembly. Evanston argues here, as in the free exercise realm, that the Ordinance governs the location of Vineyard’s land use and not the exercise of its First Amendment right to free speech. Evanston argues further that the Ordinance derives from compelling government interests sufficient to withstand judicial review. 1. Speech or Non-expressive Conduct? As an initial matter, the court must determine whether an ordinance that limits the location of “religious institutions” regulates speech potentially protected by the U.S. Constitution or merely non-expressive conduct unprotected by the Constitution. This is not a settled area of the law. In Lakewood, Ohio Congregation of Jehovah’s Witnesses v. City of Lakewood, 699 F.2d 303, 307 (6th Cir.1983), the Sixth Circuit Court of Appeals upheld an Ohio city’s comprehensive zoning plan against a First Amendment challenge on the grounds that building and owning a church are a “desirable accessory of worship, not a fundamental tenet of [the appellant’s] beliefs.” Although the religious congregation argued primarily on free exercise grounds, it also directed the court to Keego Harbor Co. v. City of Keego Harbor, 657 F.2d 94 (6th Cir.1981), an opinion striking down on free speech grounds a zoning ordinance that effectively prohibited adult movie theaters from a town. The Lakewood court distinguished what amounted to a free speech precedent on the grounds that the ordinance under review did not absolutely ban worship within the city and left other appropriately zoned areas available to the church. 699 F.2d at 307. Noting that the ordinance “simply regulates a secular activity and, as applied to the appellants, operates so as to make the practice of their religious beliefs more expensive,” the Lakewood court applied essentially overlapping standards to both an explicit free exercise claim and an implicit free speech claim. Id. See also C.L.U.B., 157 F.Supp.2d at 915 (denying free speech challenge to zoning ordinance on grounds that “operation of a house of worship does not equate with ‘religious speech’ any more than the operation of a shoe store equates with commercial speech”). On the other hand, there are cases stating or implying that zoning ordinances should be read as potential constraints on speech as well as the location in which speech occurs. In City of Renton v. Playtime Theatres, Inc., the Supreme Court analyzed a zoning ordinance restricting the location of adult movie theaters. 475 U.S. 41, 46-55, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986). Notably, in rejecting a First Amendment challenge to the ordinance, the Renton court did not distinguish between the constitutionally-protected expressive activity occurring within the theaters and the physical theaters themselves. The challenge to the ordinance failed, in other words, not because zoning ordinances in general govern location and not expression, but because the particular ordinance under review did not violate the First Amendment. In Schad v. Borough of ML Ephraim, the Supreme Court invalidated convictions under a zoning ordinance barring live entertainment as violations of the First Amendment right to free expression. 452 U.S. 61, 77, 101 S.Ct. 2176, 68 L.Ed.2d 671 (1981). In Cornerstone Bible Church, the Eighth Circuit analyzed a restriction on a church’s ability to locate in a city’s central business district as a restriction on speech, and remanded to the district court the issue of whether the ordinance withstood scrutiny under time, place and manner analysis. 948 F.2d at 468-71. The court noted that the ordinance in question allowed “churches, and by implication organized religious speech” in some zones of the city but not others, “place[d] determinative weight on the fact that the proposed use is a church,” and therefore provided that “religious content of the [zoning] applicant’s speech can determine whether the City permits it to locate in the [challenged] zone.” Id. at 468. In the face of these conflicting precedents, this court concludes that the Ordinance restricts speech and not non-expre