FOLEY, Ala. - Foley city officials have their hands tied and must acknowledge Deborah Stokes' child day care center, Kids' Space, even though the Foley City Council voted to not give a business license at the July 5 meeting due to alleged incidents at past locations of the day care.

The day care, which Stokes said is called Kids' Space Childcare of Foley, is exempt from obtaining a license because it is associated to Alpha and Omega Christian Ministries and is considered a "Christian, non-profit, church-affiliated organization," Lt. David White of the Foley Police Department said.

"From my understanding, she is exempt from any Department of Human Recourses regulations because of her church affiliation…There are several issues that are of concern to me that we are looking into."

Stokes said the ministry, which she is the pastor of, has existed for many years and the name has never changed.

"There are no services held. We're an outreach ministry," Stokes said in an interview Wednesday, noting the ministry provides "love" and "free services" to needy families.

"I have documentation to show we do not need a business license (for the day care)."

At Monday's council meeting, Foley Mayor John Koniar described the situation as "dangerous.

"We have a difficult situation here with the children in Foley and surrounding area that I think may be put to risk somewhat," Koniar said. "We’re going to pursue this the best we can, but at this point in time we have no choice but to acknowledge the exemption…The law is the law."

Past day care locations

After the council voted to not give a license, Stokes appealed the decision and a public hearing was set up for Monday. Stokes did not attend the hearing because she thought it was canceled, she said.

The council could not take any action but still held the hearing, and White reviewed evidence with the council and testimonies were heard about the quality of the day care from a previous Foley location.

Stokes opened a Kids' Space day care center on Myrtle Avenue in Foley in 2010. According to the owner of the Myrtle Avenue building which once housed the day care, Stokes' day care was evicted for not paying rent. The owner did not wish to have his name published. Stokes claims the upkeep of the building was poor and is the reason she left the location.

At the council meeting, a neighbor of the former Myrtle Avenue day care gave only negative remarks about Kids' Space.

"It's scary. It's scary living across someone like that," Judy Wade said, noting she "did not like the number of times an ambulance or police were at the location."

White claims there were 16 reports filed at the police department from incidents that occurred at the Myrtle Avenue location.

"The first being in Sept. 2010 and the latest being June 2011," he stated via email. "The reports range from assault, harassment, theft, incidents, etc. Some reports were filed by Stokes or other employees, and some were filed by parents of children there or ex-employees."

According to Stokes, some of those reports were her calling about the building being broken into.

"I've had computers stolen. I've had entire pantries full of food stolen," Stokes said.

Before the Foley location, Stokes operated the day care under the name "A Step Ahead" in numerous locations throughout Mobile County.

According to police reports, Stokes was investigated by the Saraland Police Department in 2002 for operating a business without a license and giving false information to police authorities, and an arrest was made. White claims Stokes was arrested in 2003 for child endangerment. The Saraland day care was shut down by the Mobile County Health Department.

Stokes operated "A Step Ahead" twice more in Mobile County from 2006-2009, but the health department shut it down both times.

"Generally speaking, we've closed her down because it was not in compliance with many of our regulations," David Mann, Mobile County Health Department public information officer, said, noting some of the violations were: not in compliance with fire code; too many children in the facility; staff-to-children ratio not correct; and cooking without a permit. Mann did not say which of the violations were from which location.

According to Stokes, the last Mobile County location was shut down because the hot water was not working and she was on the verge of closing down the location due to the area being bad.

Current location

The day care's new location is next door to an adult gift store located on Alabama Highway 59. According to White, there is an Alabama law stating an adult store cannot locate within 1,000 feet of a day care center and he is looking into the interpretation of the law.

Stokes claims she was not aware of the law.

Stokes also said there are plans to open two schools, one named Alpha and Omega Christian School for grades first through 12th and another named Child of the King for three kindergarten grades. However, the plans are not finalized.

"I don't know what I'm going to do," Stokes said, noting she is certified by the Alabama Department of Education to open a school but documents stating such will not show in the department's database until September.

According to Stokes, the day care complies with health regulations.

'What is a Church?'

When asked if he thought Alpha and Omega Christian Ministries was real, White declined to answer the question. Mayor Koniar also declined to answer the question but did say that city employees have told him the information Stokes submitted indicates it is a valid church organization.

"What is a church? Compassion, teaching the Gospel, ministering these families," Stokes said. "I have parents coming to me needing groceries and I give my last dollar to them.

"That's true ministry. That's giving of yourself."

When asked if the ministry would ever begin having any form of church services, Stokes said she does not know.

"We're talking about doing maybe a daily bible study," she said.

"If we do, we do. If we don't, we don't. We're not breaking any laws. We are a ministry to these people even if you don't believe it."

According to White, the Department of Human Recourses has been informed the ministry does not hold church services.

Stokes continued to affirm her "outreach ministry" was needed.

"Nobody is ministering to these families. They need what we're doing," she said.