In May 2007, plaintiffs submitted plans to construct a building they could use for bible studies and worship. This application was withdrawn after Mattox moved for a change in the parking requirements for places of worship in December 2007. Plaintiffs then filed for a building permit to erect a structure in their backyard in November 2008. A permit was issued in 2009 after reassurance from plaintiffs that the structure "would not be used for a public place of worship," First Amended Complaint ("FAC") at 9 and the structure was built. Plaintiffs aver that the building was not advertised as a public place of worship. Each week, about forty to fifty of plaintiffs' family and friends would gather for bible studies or worship. On June 11, 2009, plaintiffs were served with a search warrant and city inspectors searched their property. During the inspection, plaintiffs allege that Defendant Police Officer Oscar Cortez took a sign laying face down in the front yard that advertised dates and times for Christian worship and placed it against a tree. As a result of the inspection, which revealed building and zoning violations, defendant City Inspector Frank Dancil issued a notice of violation to plaintiffs.
Plaintiff Michael Salman was ultimately convicted of sixty-seven building and zoning code violations in 2010 by the Phoenix Municipal Court. He is appealing his conviction. In the meantime, plaintiffs continue to worship at their residence with family and friends. Defendant City of Phoenix filed charges against Suzanne Salman in January 2011 for violating the city's sign ordinance by placing a sign with biblical scripture in the plaintiffs' front yard. Michael Salman was again charged with violating seven building codes on March 21, 2011.
FindACase™ | Michael H. Salman; Suzanne Salman v. City of Phoenix; Claude Mattox; Unknown Mattox; Oscar Cortez