Florida residents fight back against Scientology-backed street closures: 'They're coming for our streets'

CLEARWATER, Fla. - A controversial decision to turn over public right-of-way along part of South Garden Avenue for a Church of Scientology project is back before Clearwater city leaders Thursday night after opponents collected more than 10,000 petition signatures challenging the deal.

The Clearwater City Council is scheduled to reconsider the ordinance during its 6 p.m. meeting at City Hall Council Chambers, 200 S. Myrtle Ave. The council agenda includes action on Referendum Petition 26-01.

The issue has become the latest flashpoint in decades of tension over the Church of Scientology's presence and expansion in downtown Clearwater.

Why is Garden Avenue back before Clearwater City Council?

The backstory:

The City Council approved the Garden Avenue ordinance in June, conditionally vacating public right-of-way along part of the street for the Church of Scientology project.

Opponents responded by organizing a petition drive through a group called Save the Garden.

Organizers submitted approximately 10,812 signatures seeking to challenge the city's decision. In September, the City Council agreed to send the petition to the Pinellas County Supervisor of Elections for verification.

Election officials determined that 7,577 signatures were valid, exceeding the 7,067 required under the city charter.

The deputy city clerk certified the petition as sufficient on Oct. 13, requiring the City Council to reconsider the ordinance.

The issue now returns to the council Thursday night.

The city's agenda lists "Action by City Council on Referendum Petition 26-01" and calls for reconsideration of the ordinance.

The petition effort also raises a larger legal issue.

The city has requested an opinion from Florida's attorney general on whether state law allows the Garden Avenue ordinance to be challenged through a referendum.

Florida law restricts the use of referendums to challenge certain development orders and land-use regulations.

The attorney general's opinion remained pending as of the city's Nov. 5 agenda memorandum.

That could affect whether the Garden Avenue dispute ultimately reaches Clearwater voters.

Why Garden Avenue has become a bigger fight

Big picture view:

The controversy extends beyond a single stretch of road.

The Church of Scientology has maintained its international spiritual headquarters in Clearwater for decades and has expanded its footprint across downtown.

That expansion has also fueled longstanding tension between the church, some residents and city leaders over development and the future of downtown.

For opponents of the Garden Avenue decision, the latest dispute centers on the distinction between private property and public streets.

Clearwater Mayor Bruce Rector raised that issue during another recent debate over downtown streets.

"The citizens of the city of Clearwater own that street," Rector said. "It's not anyone's to bargain or negotiate with. It's their street. That's the concern here."

Other Clearwater streets have also become an issue

Local perspective:

Garden Avenue is not the only public street involved in the larger debate.

City Council also voted 3-2 to approve the vacation of public rights-of-way along portions of Laura Street, Grove Street and an alley for a proposed EVO Entertainment Center backed by the Church of Scientology.

Plans call for a $50 million entertainment complex with seven movie theaters, bowling, laser tag and an arcade.

Developers have argued the street closures are necessary to safely move families between parking areas and the entertainment complex without crossing active roadways.

Save the Garden organizer Brooks Gibbs connected that decision to the Garden Avenue fight after his group submitted its petition.

"For the last year we've been warning the City Council that they're coming for our streets," Gibbs said. "It's not just Garden Avenue."

Previous Scientology-related meetings draw large crowds

What they're saying:

Thursday's meeting could also renew a separate debate over public participation at Clearwater City Council meetings.

Previous meetings involving projects backed by the Church of Scientology have attracted large crowds, with some people arriving hours before meetings begin.

During an October meeting, Clearwater resident Jill Gibbs accused Scientology supporters of taking up space in line and limiting the ability of opponents to get inside and speak.

The Church of Scientology disputed suggestions that it was directing people to attend.

"Are these people we see right now being told by the church that they have to be here? No, that's ridiculous," church spokesperson Erin Banks told FOX 13 at the time. "You wouldn't show up and wait outside if you weren't that passionate about the project and that invested in the redevelopment."

Rector acknowledged that getting large numbers of supporters to arrive early could affect who gets an opportunity to speak, though he said it would not change how council members vote.

"It doesn't sway any of the council members how they vote," Rector said. "It simply wastes time of others that want to speak."

It is not yet clear how large a crowd Thursday's Garden Avenue reconsideration will draw.

What's next:

Clearwater City Council is scheduled to meet at 6 p.m. Thursday at City Hall Council Chambers, 200 S. Myrtle Ave., Clearwater, FL 33755.

Council members must reconsider the Garden Avenue ordinance after election officials verified enough petition signatures to meet the city charter's requirements.

Under the charter, council members can repeal the ordinance. If they do not, the charter calls for a special election within 90 to 150 days.

However, a pending legal question over Florida's restrictions on certain land-use referendums could affect whether that election takes place.

Thursday's meeting could help determine whether the city's June decision stands and what happens next with the petition effort challenging the Garden Avenue ordinance.