Tag Archives: Topic: RLUIPA

How Appealing links to coverage and the ruling in Rich v. Secretary Florida Department of Corrections.

Peter J. Reilly at Forbes: Erik Stanley of the Alliance Defending Freedom, which represented the nondenominational megachurch, told me that they are planning to appeal. The argument is that, in Tennessee, universities can run bookstores without affecting their property tax exemption and “family wellness centers” can run fitness clubs (As a matter of fact, the church has turned operation of the fitness center over to the YMCA), so churches should be able to also run both of them. For whatever it is worth, neither operation was a money maker.

Politico: The Indiana federal prison that houses so-called “American Taliban” John Walker Lindh is defying a court order to allow Muslim inmates group prayer five times a day, the American Civil Liberties Union says.

Garner v. Kennedy, No. 11-40653 (5th Cir. April 2, 2013)

This case requires us to determine whether the Texas Department of Criminal Justice’s policy of prohibiting prisoners from wearing beards for religious reasons violates the Religious Land Use and Institutionalized Persons Act (RLUIPA).1 After a bench trial, the district court granted declaratory and injunctive relief in favor of the plaintiff, a Muslim, to the extent that the policy prohibits him from wearing a quarter-inch beard. The defendants have appealed that ruling. We affirm

Religion Clause Blog: In Parish of Jefferson v. Daughters of St. Paul Inc., 2013 La. App. LEXIS 599 (LA App., March 27, 2013), a Louisiana appeals court rejected a RLUIPA land use claim brought by Pauline Books & Media, a non-profit corporation of religious women who share their beliefs through media.

Jeremy Tedesco at Speak Up Movement: Rarely can the essence of a lawsuit be captured through pictures. But in Alliance Defending Freedom’s case involving a tiny Church’s First Amendment challenge to the Town of Gilbert’s discriminatory treatment of signs advertising its religious services, a picture truly speaks a thousand words.

Religion Clause Blog: In a detailed 70-page opinion in Irshad Learning Center v. County of DuPage, (ND IL, March 29, 2013), an Illinois federal district court held that DuPage County Illinois violated the substantial burden provisions of RLUIPA and the Illinois Religious Freedom Act Restoration Act . . .

Dallas Morning News (ruling is embedded): For six years the city of Dallas and two ministries have been locked in a legal battle over their right to feed the homeless and hungry wherever and whenever they find them. But at long last, U.S. District Judge Jorge Solis ended that tussle today — for now, at least — by siding with Rip Parker Memorial Homeless Ministry and Big Heart Ministries.

WV Record: Three church trustees of Apostolic Life Cathedral are suing the City of Huntington after they claim its municipal land use regulations will cause irreparable harm if they are forced to destroy a structure on their land instead of rehabilitating it.

On March 13, 2013, Der-Yeghiayan told the City that TLC was likely to succeed on the merits of its case and that the young women of Elgin were likely to suffer irreparable harm if Elgin’s zoning restrictions were applied to deny them access to the free services and support TLC’s mobile ultrasound facility provides.

Alan Sears at Alliance Defending Freedom: The dangers posed more and more across America to the First Amendment protections of Christians like you – and your children – often show themselves in subtle ways. A small legal bias here, an evasion of religious freedom there, and those who would sideline people of faith gain one more crucial foothold of legal ground they can use to block the spread of the Gospel.

LifeNews: “Women deserve access to the help they need for themselves and their unborn children without undue interference from the government,” said Alliance Defending Freedom Senior Counsel Casey Mattox. “The court was right to stop the city of Elgin from preventing women from obtaining free ultrasounds and health information. TLC’s free services help both Elgin and its citizens, so the city’s actions have been both counterproductive and unconstitutional.”

Christian Newswire: “Women deserve access to the help they need for themselves and their unborn children without undue interference from the government,” said Alliance Defending Freedom Senior Counsel Casey Mattox. “The court was right to stop the city of Elgin from preventing women from obtaining free ultrasounds and health information. TLC’s free services help both Elgin and its citizens, so the city’s actions have been both counterproductive and unconstitutional.”

AP: The deadline has expired for the government to challenge a ruling allowing American Taliban fighter John Walker Lindh and fellow Muslim inmates at a tightly controlled federal prison unit in Indiana to hold daily group prayers

Chicago Sun Times via Courier News: Noel W. Sterett, an attorney with the Chicago law firm Mauck & Baker, which represents TLC together with the not-for-profit group Alliance Defending Freedom, issued the following statement: “Why should young women in Elgin, who may have nowhere else to turn, be deprived of free medical services and support? Pregnancy information and support, which TLC makes accessible free of charge, are critical to young women facing an unplanned pregnancy.” (also carried on CBS Chicago)

Christian Newswire: “Why should young women in Elgin, who may have nowhere else to turn, be deprived of free medical services and support?” said Noel W. Sterett, an attorney with the Mauck & Baker law firm, which represents TLC together with Alliance Defending Freedom. “Pregnancy information and support, which TLC makes accessible free of charge, are critical to young women facing an unplanned pregnancy.”

KnoxNews.com: If the state Court of Appeals upholds a lower court’s ruling that Rutherford County officials held an illegal meeting when they approved plans for a new mosque, the question will be, “What next?”

Alliance Defending Freedom attorneys have asked the full U.S. Court of Appeals for the 9th Circuit to weigh in on a church’s lawsuit over a Phoenix suburb’s flawed sign ordinance.

Religion Clause Blog: By a vote of 8-7, the U.S. 5th Circuit Court of Appeals in Moussazadeh v.Texas Department of Criminal Justice, (5th Cir., Feb. 20, 2013), denied en banc review to the Texas prison system which had refused to fully accommodate a Jewish prisoner’s request for kosher food.

San Francisco Chronicle: A state prison inmate and former inmate who practice the Wiccan religion can proceed with a lawsuit accusing California of discriminating by refusing to hire a Wiccan chaplain while paying for chaplains from more mainstream faiths, a federal appeals court ruled Tuesday. | Hartman v. Department of Corrections and Rehabilitation | Hat tip: How Appealing

Cronkite News: The church’s attorney, Jeremy Tedesco, said they have 14 days to appeal for rehearing by the full circuit court, “so you’ll know in 14 days what we plan to do.” “To us it’s a very simple case of content-based discrimination,” said Tedesco, senior legal counsel for the Alliance Defending Freedom. “Of course we’re disappointed the court did not see it this way.”

Religion Clause Blog: 9th Circuit In 2-1 Decision Rejects Church’s Challenge To Town’s Sign Restrictions
The majority concluded that the ordinance does not violate free expression guarantees since it is not a content-based regulation . . . Judge Watford dissenting argued that the ordinance is content-based because it favors political and ideological signs over signs promoting events sponsored by non-profit organizations.

Rory Gray at Speak Up Movement: Churches have always served a key role in American society, not only as centers of worship but also as polling places, food pantries, concert venues, and general meeting places. So it is hardly surprising that when the Elmbrook Community School District in Wisconsin lacked an adequate venue for its high school graduation ceremonies, it rented a local church. Graduation moved back on campus once a building was completed that could comfortably accommodate every student’s guests. But the District’s secular use of a church building upset the atheists who so often view religion as a kind of communicable disease that must be quarantined from public life. And they filed a federal lawsuit to prohibit the District from renting a church, in the future, for any purpose.

One News Now: Stanley tells OneNewsNow the Fredericksburg City Council claims the children are dangerous. “What it really boils down to is just that the city council is exhibiting a really prejudicial attitude and stereotypes about disabled kids,” he states. “These children are not dangerous. There’s no evidence that they’ve ever been dangerous, but yet the city council denied zoning because of their fear.”

Religion Clause Blog: Under the Agreed Order (full text) in United States v. City of Lomita California, (CD CA), the city will consider on an expedited basis a new application from the Islamic Center.

Business Journal: A Silver Spring megachurch that claims Montgomery County violated federal law by blocking its plan to relocate to a 119-acre plot in Germantown should get a chance to prove its case, the 4th U.S. Circuit Court of Appeals ruled Thursday, the Maryland Daily Record reported. | Bethel World Outreach v. Montgomery County Council, No. 11-2176 | Religion Clause post

Rev. Robert A. Crutchfield at Faith That Inspires Action (includes Erik Stanley Audio Soundbite): Alliance Defending Freedom Senior Legal Counsel Erik Stanley will be available for media interviews Tuesday following his oral argument at the U.S. Court of Appeals for the 4th Circuit seeking reinstatement of a church school’s lawsuit against the city of Fredericksburg. In 2011, the city council refused to allow a church to begin a school program for mentally and emotionally challenged children even though city planning officials recommended approval.

WorldNetDaily: The Alliance Defending Freedom says the ruling by the 7th U.S. Circuit Court of Appeals “mandates hostility to religion and puts the free exercise rights of students at risk.” “Church buildings should not be treated like toxic warehouses simply because they normally house religious activities. That has never been the intent of the First Amendment,” said ADF Senior Counsel David Cortman. “On the contrary, as the judges who dissented on the 7th Circuit’s opinion said, this opinion clearly exhibits an unconstitutional hostility toward religion. The government isn’t being neutral toward religion when it treats it worse.” (quotes from ADF Brief)

Dave Cortman appeared on several radio shows to discuss this: Supreme Court asked to toss ruling that treats church buildings like toxic dumps | The Zeb Bell Show, MP3 audio 14:01 mins | WAVA on the Don Kroah Show, MP3 audio 13:10 mins

Disabled children a threat? Fredericksburg thinks so

The brief asks the high court to review a U.S. Court of Appeals for the 7th Circuit decision that prohibits public school districts from renting church facilities for non-religious purposes, such as graduation ceremonies.

Religion Clause Blog: In New England Prayer Center, Inc. v. Planning & Zoning Commission of the Town of Easton, 2012 Conn. Super. LEXIS 3063 (CT Super, Dec. 13, 2012), the New England Prayer Center sought a special permit so it could build a house of worship on land it leased from the town.

Chicoer.com: A former Marin County man convicted of fighting alongside the Taliban must be allowed to pray daily in a group with other Muslim inmates at his high-security prison in Indiana, a federal judge ruled Friday.

Religion Clause Blog: The Day reports that on Friday, the Catholic Diocese of Norwich, Connecticut filed suit in federal district court challenging the decision by the Norwich city planning commission not to extend a temporary permit allowing the St. Vincent de Paul Place soup kitchen to continue to operate in a former Catholic school building

Religion Clause Blog: In Cassidy v. City of Brewer, (D ME, Nov. 19, 2012), a Maine federal district court dismissed on ripeness grounds a RLUIPA religious discrimination claim because plaintiff did not appeal the decision of the city’s code enforcement officer to the zoning board of appeals.

Blog of the Legal Times: In a dispute over religious practices, a federal appeals court in Richmond today upheld a ruling that has prevented a state prisoner from creating an “outdoor worship circle” featuring one thousand pounds of small stones. | Krieger v. Brown

Religion Clause Blog: In Opulent Life Church v. City of Holly Springs, Mississippi, (ND MS, Nov. 1, 2012), in a case on remand from the 5th Circuit (see prior posting) a Mississippi federal district court granted a TRO and a preliminary injunction against enforcement of a total zoning ban on religious congregations in the area where plaintiff church’s property is located.

City found liable for illegally plotting to stop Catholic school’s plan to build more classrooms for young women

Randy Bright at the Tulsa Beacon:Unfortunately, I can no longer advise churches that a well-developed master plan won’t be obsolete within a few years of completion. Typically, a master plan is approved by the city as part of its normal site plan review, and the hope is that, once approved, the city would honor it in perpetuity even if it adopts a new form-based code. But there is no longer a guarantee of that . . . If you are not already aware of Pulpit Freedom Sunday, it is time to learn about it and get involved. In 1954, the Johnson Amendment led us to believe that pastors could never say anything political from the pulpit under the threat that the church’s tax-exempt status could be taken away. This has effectively muzzled the church, and we are now paying the consequences of that silence . . . Pulpit Freedom Sunday – a movement sponsored by Alliance Defending Freedom – is an effort to restore our freedoms by challenging the IRS to enforce the Johnson Amendment against pastors who preach politics from the pulpit. [more]

In the wake of a lawsuit filed by Alliance Defending Freedom attorneys, DeKalb County has agreed to allow a church to continue to rent one of its recreational facilities.

In the absence of perfect information about how RLUIPA has affected local governments, this article argues that the courts have adopted a pragmatic approach to maneuvering in the difficult terrain that RLUIPA occupies: combining appropriate judicial deference to a legislature that enacts a neutral law of general applicability with the heightened judicial scrutiny that becomes appropriate when that same law is applied to a specific zoning approval, a circumstance that frequently allows for subjectivity, and thus the potential for discrimination or arbitrariness against religious uses, in the approval process. I conclude that: (1) until proven otherwise, the costs RLUIPA undoubtedly imposes on local governments is the price to be paid for insuring against the discriminatory or arbitrary application of land use regulations and (2) RLUIPA does not seek to establish an unconstitutional preference for religious uses, but rather a proper accommodation of religious exercise in the land use context.

Religion Clause Blog: In Opulent Life Church v. City of Holly Springs Mississippi, (5th Cir., Sept. 27, 2012), the U.S. 5th Circuit Court of Appeals vacated a Mississippi federal district court’s denial of a preliminary injunction in a Christian church’s RLUIPA zoning suit and remanded the case for further findings.

Religion Clause Blog: Santiago-Ramos v. Autoridad De Energia Electrica, (D PR, Sept. 18, 2012), is a lawsuit by an economic development corporation and one of its members against the Puerto Rico Electric Power Authority alleging broadly that the public electric power company is used by the political party in power to favor various interests at the expense of ordinary consumers of electricity.

Religion Clause Blog: In Fortress Bible Church v. Feiner, (2d Cir., Sept 23, 2011), the U.S. 2nd Circuit Court of Appeals affirmed a New York federal district court’s decision that the Town of Greenburgh, New York violated RLUIPA’s “substantial burden” provisions, as well as the free exercise and equal protection provisions of the U.S. and New York constitutions, in denying an application by Fortress Bible Church to build a new facility to house the church and its school.

Alan Sears at the Alliance Defending Freedom Blog: Federal law specifically prohibits zoning officials from subjecting religious organizations to this type of unequal treatment,” says Alliance Defending Freedom Senior Legal Counsel Erik Stanley. “Upper Arlington will allow other groups to occupy a building in this zone, but it won’t allow this school. “No city should use its zoning code to discriminate against a Christian school and keep its students in inferior and overcrowded facilities,” Stanley says. “A city’s zoning code cannot give preferential treatment to non-religious institutions that function similarly to a Christian school.”

One News Now: Erik Stanley of Alliance Defending Freedom says the city’s zoning codes favor nonreligious businesses and organizations. “So, for instance, a daycare or other nonprofit use could go into that building and use it without having to obtain zoning permission, [but] the Tree of Life is not able to go in to use the building as a private school,” he explains. “That’s just discriminatory and violates the religious land use law, and that’s why we brought the lawsuit in the first place.”

Nathan Cherry at the Engage Family Blog: The silent battle taking place that you have probably not heard much about is in the area of zoning and equal access for public facilities. Churches are systematically being forced out of public spaces and told “no” by local zoning offices for permits to expand, or buy property . . . Alliance Defending Freedom Senior Counsel Jordan Lorence has been working on the Bronx Household of Faith case in New York City for over 17 years. He spoke with FPCWV president Jeremy Dys in this issue of Engaging the Issues. Lorence explains that the fate of every church that meets in a public school hangs in the balance pending the outcome of this case. You can rest assured that if this case is not resolved in favor of the churches, and the school system is allowed to evict the churches, that and ripple will be felt from coast to coast as other school systems follow suit.

Alliance Defending Freedom attorneys filed an appeal today on behalf of Tree of Life Christian Schools against the city of Upper Arlington for refusing to grant the school a permit to use its own new building

Religion Clause Blog: In United States v. Rutherford County, Tennessee, (MD TN, Aug. 29, 2012), a Tennessee federal district court permitted neighbors of the Islamic Center of Murfreesboro to intervene in a RLUIPA lawsuit brought by the Justice Department.

Star Tribune: A policy that American-born Taliban fighter John Walker Lindh claims violates his Muslim beliefs by barring inmates in the tightly controlled prison unit where he is held from praying together more than once a week was based on advice from Islamic clerics, the head chaplain of the U.S. prison system says.

Washington Examiner: A Vienna-based church congregation claims in a lawsuit filed against the Fairfax County Board of Supervisors that a zoning ordinance is restraining its free speech rights and places a burden on its free exercise of religion.

MPR: An American-born Taliban fighter imprisoned in Indiana will try to convince a federal judge in a trial starting Monday that his religious freedom trumps security concerns, in a closely watched trial that will examine prisoners’ rights in the age of terrorism.

Religion Clause Blog: In International Church of the Foursquare Gospel v. City of San Leandro, 2012 U.S. Dist. LEXIS 117347 (ND CA, Aug. 20, 2012), a California federal district, while finding that damages are recoverable for violations of RLUIPA’s substantial burden provisions, dismissed as too speculative the church’s claim for lost contributions from hypothetical new church members that would have attended if it had moved into a larger building.

Upper Arlington News: A federal judge sided with the city last week in a discrimination lawsuit filed by the Alliance Defense Fund — now called Alliance Defending Freedom — on behalf of Tree of Life Christian School . . . Erik Stanley, an attorney with the Alliance Defending Freedom, said the group is considering its options.”We’re still studying the ruling,” Stanley said. “No decisions have been at this point about what our next step will be.” [more]

David Cortman appeared on the Zeb Bell Show to discuss the litigation. | MP3 audio 13:35 mins

The Florida Times Union: The federal government has sued Florida’s Department of Corrections for not offering kosher meals to all prison inmates.

Religion Clause Blog: In Israelite Church of God in Jesus Christ v. City of Hackensack, (D NJ, Aug. 9, 2012), a New Jersey federal district court held that plaintiff church has made out a prima facie case under the Religious Land Use and Institutionalized Persons Act.

Janet Levy at American Thinker: Mosques are modeled after the first mosque established by Mohammed in Medina, which was a seat of government, a command center, a court, a school, and a military training center and depot for arms. Mosque leaders today issue religious decrees, enforce Islamic doctrine, monitor conduct, provide training, punish transgressions, and command actions, including the requirement to conduct jihad

Courier Post Online: A local official predicts that it may take a while before the township’s zoning board votes on a proposed expansion of a mosque here.

AP on TimesFreePress.com: It’s finally opening day for a Tennessee mosque after opponents waged a two-year court battle trying to stop it.

Alliance Defending Freedom Senior Counsel David Cortman and Legal Counsel Jeremy Tedesco will be available for media interviews immediately following oral arguments Friday before the U.S. Court of Appeals for the 9th Circuit in Reed v. Town of Gilbert.

Christian Post: Earlier this year, the Alliance Defense Fund filed suit against Rockdale on behalf of New Generation over the county’s zoning laws, which forbid churches from meeting on property smaller than three acres. “Government officials should not use zoning restrictions to close down religious services of small, start-up churches, so we commend the county for agreeing to a court order that allows this church to meet while the case moves forward,” said ADF Senior Legal Counsel Erik Stanley in a statement. “It’s unconstitutional and a violation of federal law to target churches with these kinds of zoning restrictions. Small ministries like this one shouldn’t be forced underground simply because they can’t afford a property of more than three acres.”

One News Now: Erik Stanley, an ADF attorney, explains why the county ordinance needs to be addressed. “Under the city’s rules, only non-religious groups and large, wealthy churches can find an adequate place to meet — and that just doesn’t make sense,” he says. “This is exactly why federal law protects churches from such arbitrary and subjective zoning decisions. We hope the city will change its zoning regulations and eliminate the need to continue this case.”

Rockdale County agreed to a federal court injunction issued Friday that allows a church to temporarily reconvene in a building where the county previously denied access because the property was less than three acres in size.

Erik Stanley on the Zeb Bell Show to discuss the situation. | MP3 audio 14:35 mins

American Prospect: In Murfreesboro, Tennessee, just outside Nashville, the Muslim community won a hard-fought victory Wednesday. After a two-year legal battle that inflamed anti-Islamic sentiment across the state, a federal judge ruled that a new Islamic community center could get the permits necessary to open. Elsewhere in the state, however, Muslim residents got a cold reminder this week of just how much prejudice exists around them.

AP: A federal judge ordered a Tennessee county on Wednesday to move ahead with opening a Muslim congregation’s newly built mosque after a two-year fight from opponents.

AP: A federal judge on Wednesday will consider whether to force a Tennessee county to allow a Muslim congregation to begin worshipping in its newly built mosque . . .

Religion Clause Blog: The court held, however, that neither the requirement to obtain a special use permit to operate the extensive residential and training facility in an area zoned for residential usage, nor the requirement to install a sprinkler system, imposed a substantial burden on plaintiff.

SCOTUS Blog spotlights the Free Exercise issues raised in the case of Leonard v. Leonard.

Religion Clause Blog: In Lexington, Kentucky on Friday, a lawsuit was filed in state circuit court by Emmanuel Apostolic Church and the Catholic Action Center challenging the city Board of Adjustment’s vote last month to revoke their conditional use permit under which they are operating the Community Inn as a homeless shelter. The city wants to move the shelter after reports of loitering, panhandling and residents urinating in public . . .

Religion Clause Blog: The Hour reports that Norwalk, Connecticut’s Al-Madany Islamic Center last week filed a suit in federal district court . . .

Alan E. Sears at the ADF Blog: If you ever had to read George Orwell’s classic Animal Farm back in high school days, you may remember the famous quote from that book: “All animals are equal, but some are more equal than others.” That seems to be how they read the law down in Rockdale County, Georgia, too, where the zoning laws apply equally to everybody, as long as everybody doesn’t include small local churches.

One News Now: “Government officials shouldn’t use zoning restrictions to close down religious services of small, start-up churches,” argues ADF attorney Erik Stanley. “Not only is it irresponsible to target small ministries dedicated to serving the community, it’s unconstitutional and violates federal law.

Christian Post: “You’re taking a man out of society and sticking him in jail for worshiping at his home,” he told a local news station.

Alliance Defense Fund attorneys filed a lawsuit against Rockdale County Thursday for refusing a small church access to several different properties for its worship services because the properties are less than three acres.