Clearwater Council Rejects Petition to Reverse Scientology Street Grant
Lawyers cited state statutes prohibiting referendums on land development orders, ending a dispute over a downtown plaza.
By Gavin Wilson ·

The Clearwater City Council voted on Thursday to deny a petition seeking to reverse a prior decision that granted the Church of Scientology control over a segment of South Garden Avenue. The 3-2 vote concluded a legal and public dispute regarding the land that will house the church's new flagship facility.
The grassroots group Save the Garden collected 7,577 valid signatures to support the petition. The organization argued that the public street space belongs to the residents and should not be transferred to a private entity without a direct vote from the electorate.
City Attorney Owen Kohler presented an opinion from Florida Attorney General James Uthmeier to the council. Kohler stated that approving the petition to repeal the original ordinance would conflict with state law. He noted that Florida statutes do not permit citizen petitions to alter specific land development resolutions.
"If the garden vacation ordinance … believes the issue is that if it is repealed then that would conflict with state law because it relates to an initiative or referendum petition regarding a development order or land use regulation," Kohler said.
Council members defended the procedural basis of the original vote. They maintained that the city did not sell the land to the church but rather authorized the construction of a structure on property the church already owned. The action was characterized as granting a right-of-way or vacation of the street segment.
Council member David Allbritton addressed the distinction during his final meeting with the council. "We did not sell it to the Church of Scientology. They already owned it. All we were doing was giving them a vacation, a right-of-way," Allbritton said.
Tensions rose during the public comment period. Save the Garden volunteer Lauren Golden asked the council to consider the public interest and trust in the process. "I ask you to consider not just the proposal before you, but the public's interest in this proposal and their trust in the process itself," Golden said.
Mayor Bruce Rector called a recess after Allbritton attributed resident opposition to religious bias rather than land use concerns. Allbritton stated that the repeated claims from attendees suggested the opposition was driven by sentiment toward the church. "The repeated claims, and you all said it again tonight, there was really nothing about the street. It was all about your hate for Scientology," Allbritton said.
The Church of Scientology issued a statement supporting the council's decision to deem the petition unlawful. The organization stated that the attorney general's opinion confirmed their position that Florida law prohibited the proposed referendum. "THE LAW HAS PREVAILED. L. RON HUBBARD HALL IS MOVING FORWARD," the statement read.
Save the Garden director Brooks Gibbs indicated the group will continue its legal challenge. Gibbs told WFTS-TV that the organization plans to take the council's vote to court to have a judge determine the outcome. "We have no choice but to defend the 7,500 signatures, and we have to do that in the court of law," Gibbs said.






