Tag Archives: Topic: RLUIPA

ADF Attorney Erik Stanley writing at Speak Up Movement / Church: “ADF filed a lawsuit on behalf of Tree of Life Christian Schools against the City of Upper Arlington, Ohio. The lawsuit is the result of the City’s denial of zoning approval for Tree of Life to operate its ministry at its building in Upper Arlington . . . RLUIPA turned ten years old last year and Tree of Life’s case against the City of Upper Arlington demonstrates just how important RLUIPA is to protect the rights of religious institutions.”

Religion Clause: “In Roman Catholic Bishop of Springfield v. City of Springfield, 2011 U.S. Dist. LEXIS 345 (D MA, Jan. 4, 2011), a Massachusetts federal district court rejected a number of constitutional challenges as well as a challenge under RLUIPA to action declaring a closed Springfield, Massachusetts Catholic church to be a local historic district.”

Columbus Dispatch: “Upper Arlington will allow a day-care facility of any size to occupy a building in this zone, but it won’t allow this school. Federal law specifically prohibits zoning officials from subjecting religious organizations to this type of unequal treatment, [said ADF attorney Erik Stanley].”

Columbus Local News: “Attorneys from the Alliance Defense Fund filed a lawsuit in federal court Wednesday, Jan. 5, against the city of Upper Arlington on behalf of Tree of Life Christian Schools . . . ‘A city’s zoning code cannot give preferential treatment to non-religious institutions that function similarly to a Christian school,’ said ADF Senior Legal Counsel [Erik Stanley] in the news release.”

Evangelical Examiner: “‘No city should use its zoning code to keep a Christian school’s students in inferior and overcrowded facilities. A city’s zoning code cannot give preferential treatment to non-religious institutions that function similarly to a Christian school,’ said ADF Senior Legal Counsel [Erik Stanley].”

Alliance Defense Fund attorneys filed a federal lawsuit Tuesday on behalf of Tree of Life Christian Schools against the city of Upper Arlington after it refused to grant the school a permit to use its own new building.

Charisma: “Alliance Defense Fund attorneys filed a federal lawsuit on Tuesday on behalf of Tree of Life Christian Schools against city of Upper Arlington. The lawsuit challenges a zoning regulation that prohibits schools within the zone but permits daycare facilities and many other similar uses . . . ‘No city should use its zoning code to keep a Christian school’s students in inferior and overcrowded facilities. A city’s zoning code cannot give preferential treatment to non-religious institutions that function similarly to a Christian school,’ says ADF Senior Legal Counsel [Erik Stanley].”

SCOTUSblog:

Title: Board of County Commissioners of Boulder County, Colo. v. Rocky Mountain Christian Church

Docket: 10-521

Issue(s): Whether the Equal Terms and Unreasonable Limitations provisions of the Religious Land Use and Institutionalized Persons Act of 2000 expand the scope of legal protection granted to religious exercise beyond that established by the First Amendment and thus violate the Establishment Clause and Section 5 of the Fourteenth Amendment.

Daily News Journal: “Plaintiffs’ attorney Joe M. Brandon Jr. submitted a response today, printed below, to a November court ruling related to his clients suing Rutherford County for approving Islamic Center of Murfreesboro’s Veals Road site plans.”

Ventura County Star: “An Oak Park synagogue’s bid to double its occupancy limit was denied for a second time Thursday when a panel ruled the county had not violated a federal law protecting religious exercise.”

Nashua Telegraph: “Churches in Merrimack and Goffstown have sued their respective communities for religious discrimination, charging that the towns’ zoning and planning boards have violated their federal rights by refusing to let them build.”

Complaint filed in Merrimack Congregation of Jehovah’s Witnesses v. Merrimack (D.N.H.)

Complaint filed in Goffstown Harvest Christian Church v. Goffstown (D.N.H.)

Mercury News (AP): “An organization called Concerned American Citizens filed the appeal Thursday, arguing that the panel showed favoritism to the Islamic Center of Temecula Valley.”

Daily Record: “The New Jersey Supreme Court has declined to hear Rockaway Township’s appeal of Christ Church’s exemption from the state Highlands Law. The state top court’s decision on Dec. 10, which was made public on Wednesday, seemingly would clear the way for Christ Church to begin construction on its long-sought mega-church complex off Green Pond Road.”

Daily Local: “Borough Council rejected First Presbyterian Church’s request to tear down two buildings adjacent to the Miner Street church as part of an expansion plan for the church with more than 2,000 members . . . Earlier this year the church hired a Chicago law firm that specializes in religious land-use cases. The firm, Mauck & Baker, LLC of Chicago, said in an October letter that if council denies the land-development plan it could be a violation of the Religious Land Use and Institutionalized Persons Act..”

attorneysforlanduse.com (Dalton, Tomich, and Pensler, PLC): “As noted in the Alliance Defense Blog, in Hazel Park, Michigan, city authorities have been doing their red-tape best to gerrymander a local congregation, Salvation Temple Church, out of the district. Happily, a federal judge is making it her business to introduce the town fathers to the First Amendment.” (Joe Infranco, ADF mentioned throughout)

Chicago Tribune / Local: “After months of debate, Evanston officials this week approved a scaled-back version of an ordinance requiring houses of worship to apply for special-use permits in the two business districts where officials have said their presence has had the most impact on economic development.”

WSBTV: “On Monday, the Lilburn City Council voted 2-2, causing the council to deny the zoning request because the city’s legal counsel said that has the effect of a denial.”

Alan E. Sears writing at the Alliance Defense Fund site: “In Hazel Park, Michigan, city authorities have been doing their red-tape best to gerrymander a local congregation, Salvation Temple Church, out of the district. Happily, a federal judge is making it his business to introduce the town fathers to the First Amendment.” | ADF News Release

OneNewsNow: “‘It violates fundamental constitutional rights. A church [absolutely] has a right to use its building for religious purposes, and it is unconstitutional for the city to target religious uses and exclude those uses from a commercial district,’ [Joel Oster] contends.”

South Town Star: “The Rev. Luis Ruiz, pastor of Rios De Agua Viva in the Marquette Park neighborhood of Chicago, has been eyeing the shuttered restaurant, 8100 S. Parkside Ave., as a second location for his Pentecostal Christian church . . . The property is zoned for commercial purposes, and Burbank’s code requires churches to have a special-use permit. Ruiz applied for one, and a Nov. 2 hearing was scheduled.”

Chicago Tribune Local: “Evanston officials could scale back the number of business or commercial districts in which they would require special-use permits for houses of worship.”

The Independent Press: “Zoning hearings on the Chai Center for Living Judaism’s application to build a house of worship at the corner of Jefferson Avenue and Old Short Hills Road in Short Hills will probably continue for at least another three to six months, according to Millburn’s Zoning Officer.”

Christian Newswire: “Today, the Chicago church Rios de Agua Viva filed a Federal law suit charging violations of their First and Fourteenth Amendment rights, along with Federal and Illinois state religious land use rights. The suit was filed in the United States District Court in Chicago.” (Hat tip: Religion Clause Blog)

The city of Hazel Park has agreed to a court order, issued Friday, that prohibits the city from enforcing a zoning ordinance that bans religious groups–but not non-religious groups–from using buildings on commercial property for religious assembly.

The Press-Enterprise: “An opponent of a proposed mosque in Temecula said Thursday his group plans to appeal a city panel’s approval of the project that has caused heated debate over Islam and its place in the nation.”

Washington Post: “Virginia has settled a lawsuit filed by a Muslim inmate who claimed the prisons system violated his rights by refusing him an Islamic newspaper and religious programs. Red Onion State Prison inmate Kelvin Brown, 37, sued the warden and other prison officials after numerous issues of the weekly Islamic newspaper The Final Call were banned beginning in 2009.”

Evanston Review: “Aldermen will give religious leaders a chance to suggest language changes on a controversial proposal that seeks to make worship centers subject to special zoning in the city’s business and commercial districts.”

Related:

Evanston debates special use permits for churches

Baltimore Sun: “But while the church and the community association may share some goals, they’ve been at odds of late. Some Highlandtown residents have raised concerns about noise and parking stemming from Savage’s church, and recently mounted a zoning challenge that questioned whether Holy Truth had the permits it needed to operate.”

Religion Clause: “In Islamic Cultural Center of Monticello, Inc. v. Village of Monticello, (NY Sup. Ct., Nov. 17, 2010), a New York trial court found no RLUIPA violations in a village’s handling of applications for a special use permit and a certificate of occupancy for a mosque and related parking lot.”

Religion Clause: “Both The Capital and the Maryland Daily Record report that on Thursday in the midst of a RLUIPA trial, Anne Arundel County, Maryland signed a settlement in the lawsuit brought against it by Riverdale Baptist Church which sought to build a school on 57 acres of land it owns.”

Washington Post (AP): “A judge refused Wednesday to stop construction of a proposed mosque in Tennessee that was opposed by some local residents who tried to argue that there was a conspiracy by Muslims to impose extremist law on the United States.”

Murfreesboro Post: “Both sides in a long battle over the construction of a mosque near Murfreesboro wrapped up their case Monday and will make closing arguments Wednesday.”

The Daily News: “The Victory Center filed a civil suit in federal court Friday against the city of Kelso, alleging the city’s zoning laws that prohibit the Christian ministry from operating downtown are unconstitutional because they infringe upon religious freedom.” | See Religion Clause for more information.

Chicago Tribune: “In the growing debate over proposed permits for new and expanded houses of worship, an Evanston alderman says too much religion in a small area can be bad for business . . . The change would require existing religious institutions to apply for a special use permit if they expand, or rebuild in the case of destruction. New houses of worship would also have to get the permit.”

Naperville Sun: “Neighbors of a house on Army Trail Road where people come to pray together several times daily want to know why that’s being allowed . . . The county also is taking steps to fend off future struggles between religious organizations and homeowners who don’t want them practicing their faith next door. Designed to encompass places of assembly in general, the proposed zoning code changes face considerable opposition from those who contend they would deny the faithful their right to religious freedom.”

Courier-Journal: “The Mayfield Board of Zoning Adjustments on Tuesday unanimously approved a Somali man’s request for a permit to operate a mosque in the Western Kentucky city — reversing a previous denial that had generated national controversy.” | ACLU: Decision Follows Appeal From ACLU And ACLU Of Kentucky

Religion Clause: “On Wednesday, the U.S. 9th Circuit Court of Appeals heard oral arguments in International Church of the Foursquare Gospel v. City of San Leandro. An audio recording of the oral arguments is available from the court’s website.”

The Daily Reporter: “Now, another Wisconsin city is facing a similar situation, as the Oshkosh Common Council is scheduled to vote Tuesday on whether to allow the Ahmadiyya Muslim Community to convert an 8,000-square-foot funeral home on the city’s west side into a house of worship. The Muslim group has agreed to buy the building for about $300,000.”

FOX 59 (AP): “A federal judge has ruled the Indiana Department of Correction is violating the law by not offering kosher meals to prison inmates whose religious beliefs require it.”

“For the leaders of Riverdale Baptist Church in Upper Marlboro, the county’s decision in 2005 and 2006 to pass new zoning legislation that prevented the evangelical congregation from building a private school in Bristol amounted to religious discrimination . . . Attorneys from both sides laid out their cases Monday in U.S. District Court in Baltimore during the first day of what is expected to be a two-week jury trial.” Complaint filed in 2006 in Riverdale Baptist Church, Inc. et al. v. Anne Arundel County et al., (D. Md.) | Background info from Religion Clause.

Crain’s Detroit Business: “The Warren-based Salvation Temple Church has filed a lawsuit against the city of Hazel Park, claiming a 2005 ordinance is unconstitutional because it effectively excludes any new religious institutions from opening in the city.”

Complaint filed in Salvation Temple Church v. City of Hazel Park, No. 10-14148 (E.D. Mich.)

Lyle Denniston writing at SCOTUSblog: “A Texas prison inmate’s claim that the warden’s staff has illegally interfered with the practice of his Christian faith offers the Supreme Court a significant opportunity to spell out how much power Congress has when it attaches strings to the money it provides to states — that is, when it uses its core authority under the Constitution’s Spending Clause and states get the money. The lower courts are divided over whether one of the strings Congress may attach is a requirement that state officials submit to damage claims if they violate an individual’s federal rights.”

Verde Independent: “Where should county officials draw the zoning line for tax-exempt religious retreats and mega-churches? Members of the Yavapai County Board of Supervisors and the Planning and Zoning Commission tried to confront that thorny issue without infringing on First Amendment rights at their joint study session Wednesday.”

Deseret News (LA Times): “The scenic village green of Litchfield has long symbolized the charms of Connecticut small-town life. Settled in 1721, it hosts tourists drawn by its Revolutionary War history . . . This summer, a federal judge ruled that sufficient evidence of ‘discrimination against Jewish people’ may exist, warranting a trial over the Borough of Litchfield’s denial of a Hasidic group’s application to build a synagogue on the west end of Litchfield Green.”

Longmont (CO) Times Call: “Boulder County formally asked the U.S. Supreme Court on Friday to review the county’s lower-court losses in its land-use dispute with Rocky Mountain Christian Church, arguing that the case has implications for local governments nationwide.” Via Religion Clause.

Paducah Sun: “About 25 people waited while the board discussed a request by the American Civil Liberties Union and the ACLU of Kentucky to reconsider its Aug. 24 denial . . . ”

Montgomery News: “Let the bells ring freely and Philadelphia City Council seems to concur. An amendment exempting church and school bells from the city’s 2006 Noise Ordinance passed out of committee on Oct. 5 unanimously . . . According to Jack Kennedy, pastor of Church of the Living Savior, who attended the committee meeting, the council should have a first reading of the bill next week and a final vote a week after.”

Gillette News Record: “The Park County Commission on Tuesday unanimously approved two permits for a 144,000-square-foot French Gothic-style monastery and coffee roasting barn on a remote, 2,500-acre ranch near Meeteetse.”

Americans United for Separation of Church and State: “In a friend-of-the-court brief filed today, Americans United told a federal appeals court that an Idaho inmate was unfairly treated by a local judge and an Idaho homeless shelter that tried to force her to convert to Christianity and participate in Pentecostal worship.”

Religion Clause Blog: “In his opening statement, Smyrna (TN) attorney Joe Brandon, Jr. argued: ‘Shariah law is pure sedition.’ Local officials disagree and say the mosque should be treated like any other house of worship.”

The Courier-Journal: “The Mayfield Board of Zoning Adjustments will meet Oct. 12 to discuss a request from the American Civil Liberties Union of Kentucky to reconsider its denial of a permit for a mosque.” For more information, see this ADF Alliance Alert compound tag: http://www.alliancealert.org/tag/state-kentucky+topic-islam/

Marci A. Hamilton writing at FindLaw: “[I]n this column I will reference RLUIPA for a different reason: to reflect on the disappointments of the Obama Administration . . . when it came to choosing between fidelity to the Constitution’s church/state line and catering to religious interests, Obama has chosen religious interests over constitutional principles.”

Talking Points Memo: “Opponents of a proposed mosque in Murfreesboro, Tenn., spent the last two days arguing in court that Islam is not a religion and that the leaders of the mosque — which has been in the town, in a different location, for decades — preach jihad and a Sharia law takeover.”

The Enterprise: “A Buddhist temple to be built in Raynham may end up as one of the world’s largest and will be home to about 16 Thai monks. The 50-acre South Street East property will include a meditation center, dormitory, temple, museum and gardens . . . Proponents for the project are seeking a variance on the town’s 40-foot height bylaws. The soaring steeple complies with local and FAA regulations, said Been Wang, of Architectural Resources Cambridge.”

Indianapolis Star: “Leaders of St. John United Church of Christ on the Far Eastside claim city officials have meddled in the functions of the church by forcing a historic designation on the congregation’s 96-year-old building and surrounding 5-acre property on the northeast corner of Washington Street and German Church Road.”

The Aspen Times: “The Grace Church of the Roaring Fork Valley isn’t entitled to $1.5 million in damages from Pitkin County for delaying construction of a place of worship in Emma, a federal district judge has ruled . . . The church claimed its rights under the Religious Land Use and Institutionalized Persons Act was violated . . . ‘As discussed below, the plaintiffs were not treated in a discriminatory manner. The plaintiffs were not pressured to abandon their beliefs or forego religious conduct. The only effect on religious exercise resulting from the denial of the special-use application was that the church could not use this particular property for its religious purposes.’”

Grace Church of the Roaring Fork Valley et al v. County of Pitkin, CO, No. 05-cv-01673

Seattle Post-Intelligencer (AP): “Two Muslim inmates from the Pierce County Jail in Tacoma are suing, claiming they are banned from practicing their religion. The lawsuit was filed this week in federal court in Tacoma with the help of the ACLU and Public Interest Law Group, The News Tribune reported Thursday. The lawsuit also names the sheriff’s department, which runs the jail, and eight jail officials.”

Kentucky.com (AP): “The American Civil Liberties Union is asking Mayfield’s zoning board to reconsider its rejection of a Somali man’s request for a permit to build a mosque in the western Kentucky city.”

ACLU Blog of Rights: Since RLUIPA’s enactment, much progress has been made in eradicating religious discrimination in the zoning context, and many communities have been even more welcoming of new houses of worship, including those built by followers of minority faiths. But there have also been discouraging signs. Unfortunately, the recent uproar over a proposed Muslim community center in Lower Manhattanis hardly an isolated incident. As a new interactive map launched today by the ACLU shows, we still have more work to do, especially with regard to protecting the religious freedom rights of Muslims.

Spring Hope Enterprise: “Churches will not be allowed in Bailey’s downtown business district. The town board voted Monday night to not change an ordinance banning storefront churches in the commercial area.”

The Star (Reuters): “The U.S. Justice Department said on Tuesday it is monitoring 11 cases of potential land-use discrimination against Muslims, a sharp increase in cases under a federal law designed to protect religious minorities in zoning disputes.”

Religion Clause: “Today is the 10th anniversary of President Clinton’s signing into law the Religious Land Use and Institutionalized Persons Act. The Justice Department yesterday announced the release of a Report (full text) to mark the occasion . . . The Becket Fund’s RLUIPA.com website has links to the full legislative history of RLUIPA.”

AP: “Falkner’s property has become the front line of a bitter divide between churches and growers in Temecula’s wine country, where vintners fear a push to allow more houses of worship would hurt views, limit wine sales and cause conflicts between grape growers and congregations.”

Department of Justice: “The Justice Department today issued a report marking the 10th anniversary of the Religious Land Use and Institutionalized Persons Act (RLUIPA), showing that the law has had a positive impact on protecting the religious freedom of a wide range of faith groups, and had a particularly significant impact protecting the religious freedom of minorities.” | The report

Tennessean: “Contending their lives could be harmed by the risk of Islamic terrorism, proselytizing and Shariah law, four Rutherford County residents are asking for a temporary restraining order to halt work on a new mosque.”

Daily Chronicle: “A proposal by a campus ministry wishing to create a rooming house for Northern Illinois University students was rejected by the DeKalb Plan Commission.”

The Murfreesboro Post: “Supporters of the Islamic Center of Murfreesboro’s right to build had their say at Thursday’s meeting of the Rutherford County Commission as opponents filed a lawsuit to stop it.”

Religion Clause: “A Cumberland, Indiana church last week filed a federal lawsuit alleging that the decision by the Indianapolis Historic Preservation Commission to designate the church’s property and building as an historic area infringes the Church’s free exercise rights under the U.S. and Indiana constitutions and under RLUIPA, violates its free speech rights, denies the Church equal protection of the laws and amounts to an unconstitutional bill of attainder.”

Boston.com (AP): “The U.S. Justice Department has filed a religious discrimination lawsuit against the Southern California city of Walnut, claiming it unfairly denied a permit to a group seeking to build and run a Buddhist center.”

Reconsidering RLUIPA: Do Religious Land Use Protections Really Benefit Religious Land Users?
Bram Alden, 57 UCLA L. Rev. 1779 (2010)

“This Comment aims to fill this scholarly gap by arguing that despite the ongoing outcry against RLUIPA’s potential and perceived consequences, the statute has often failed to benefit religious groups and has, in many cases, actually worked a detriment to these groups. I question the common assumption that RLUIPA has dramatically empowered religious plaintiffs in battles against local land use authorities. By closely examining dozens of federal and state cases involving RLUIPA causes of action, I illustrate that RLUIPA claims have not typically fared well in court. Though RLUIPA demands strict judicial scrutiny of land use decisions that impose a substantial burden on religious organizations and requires that religious and secular entities be treated similarly in the zoning process, I examine ways courts have avoided the application of strict scrutiny and have made it very challenging for religious entities to show that secular land users have been treated more favorably.”

Becket Fund: “Today, the Becket Fund for Religious Liberty sent a letter to Councilwoman Rochelle Spector of the Baltimore City Council offering recommendations to amend Baltimore’s proposed new zoning code. Several provisions of the code violate state and federal law as well as the Religious Land Use and Institutionalized Persons Act (‘RLUIPA’) and have the potential to discriminate against houses of worship and religious schools.”

Hartford Courant: “Last month, a federal district court judge ruled that sufficient evidence of ‘discrimination against Jewish people’ may exist, warranting a trial over the Borough of Litchfield’s denial of a conservative Hasidic group’s application to build a synagogue on the west end of the green. The ruling virtually guarantees a trial this fall on a controversy that has deeply divided this celebrated tourist town and attracted national media attention.”

CBS Atlanta: “Code Enforcement officers with the city of Lilburn will not cite a monk accused of operating a religious temple on his property. Homeowners in the 5000 block of Hood Road tell CBS Atlanta Monk Ton held a large illegal religious service on his property Sunday, even though it is not zoned for that purpose.”

Religion Clause Blog: “The Power of Praise Worship Center has filed a RLUIPA lawsuit against the village of Dixmoor, Illinois. The suit claims that even though village trustees had approved its use of a building it leased, the village’s code enforcement officer ordered it to vacate the building, saying that churches are allowed only in areas zoned residential. The complaint (full text) in Power of Praise Worship Center Church v. Village of Dixmoor, Illinois, (ND IL, filed 8/27/2010) . . . ”

ChristianNewsWire: “Today, the Power of Praise Worship Center Church (PPWC) filed a lawsuit against the Village of Dixmoor for violating a Federal land use law . . . The suit alleges that Dixmoor’s Code Enforcement Officer, Fred Cody, took matters into his own hands when he forced the church out of the building they were renting, citing that the church was in an area not zoned for religious use. This was after Dixmoor’s Village Board of Trustees agreed that PPWC could lawfully use a facility it rented.”