Tag Archives: Topic: RLUIPA

WorldNetDaily: “A federal judge has concluded a Phoenix noise ordinance that allows exemptions for ice cream trucks but not church bells – one pastor already has been convicted and given a 10-day suspended jail sentence – likely is not constitutional . . . ‘We are pleased that the federal court has recognized the unconstitutional nature of this vague law used to single out churches, and we commend its decision to keep the city from enforcing this problematic noise ordinance while the lawsuit continues,’ said Alliance Defense Fund Senior Legal Counsel Erik Stanley.”

Alliance Defense Fund attorneys secured a federal court order Wednesday that silences a city of Phoenix noise ordinance used to stop the ringing of church bells.

Religion Clause Blog: “In Faith Baptist Church v. Waterford Township, 2010 U.S. Dist. LEXIS 18226 (ED MI, March 2, 2010), a Michigan federal district court held that a church lacks standing to complain about police investigations of complaints about the volume of music coming from the church during rehearsals, services and concerts . . . ”

USA Today (AP): “‘Feeding the homeless and feeding those who are hungry has been recognized as an important religious belief for years,’ [Kevin Theriot] says. ‘My guess is if they were serving a pancake breakfast to local neighborhood folks that aren’t homeless, then nobody would have a problem.’”

wtop.com (AP): “On Saturday mornings, crowds of homeless gather with other needy people at picnic tables outside a church in an upscale Phoenix neighborhood . . . Neighbors say it should be done elsewhere . . . Cities often target events that help the homeless because they don’t want them to be seen, says Kevin Theriot, ADF’s senior counsel. The group is not involved in the Phoenix case, but Theriot says the church’s freedom of religion is being violated. ‘Feeding the homeless and feeding those who are hungry has been recognized as an important religious belief for years,’ he says. ‘My guess is if they were serving a pancake breakfast to local neighborhood folks that aren’t homeless, then nobody would have a problem.’”

Religious Clause Blog: “In Westgate Tabernacle v. Palm Beach County, (SD FL, Feb. 18, 2010), a Florida federal district court dismissed claims by a West Palm Beach church that its federal and state constitutional rights were violated by Palm Beach County’s zoning enforcement efforts against its use of its church building as a homeless shelter . . . ”

Religion Clause Blog: “Atlantic Beach, South Carolina police ticketed the CME Mission Church for broadcasting its religious services into the surrounding neighborhood by means of a loud speaker system, after complaints by surrounding businesses and residents.”

Alliance Defense Fund allied attorney David Langdon will be available for media interviews Wednesday after a hearing before the full panel of the U.S. Court of Appeals for the 7th Circuit in River of Life Kingdom Ministries v. Village of Hazel Crest.

OneNewsNow: “The Freedom From Religion Foundation (FFRF) has filed suit to end the housing tax break provided to ministers . . . The FFRF is arguing that since others are not afforded that accommodation, it represents a government endorsement of religion. But [Kevin] Theriot contends the Constitution has a special protection for religious freedom — so religion can get special attention. He further adds that the housing allowance is an accommodation, not an endorsement.”

Religion Clause Blog: “A Kentucky state trial court judge has ordered two highway billboards that display religious messages to be taken down within 60 days, finding that they violate state highway beautification laws . . . ”

Freedom From Religion: RLUIPA, Religious Freedom, and Representative Democracy on Trial
Anthony Lazzaro Minervini, 158 U. Pa. L. Rev. 571 (2010)

“In Part I of this Comment, I review the history of federal protection of religious exercise from the ratification of the Constitution to the enactment of RLUIPA. In Part II, I summarize the judicial interpretations of RLUIPA’s Equal Terms provision. Finally, in Part III, I argue that the Eleventh Circuit’s interpretation in Midrash is preferable because it recognizes legislative supremacy and effectuates the will of the American people as expressed in the text of the statute enacted by their elected representatives.”

The Christian Century: “Catholic dioceses in Ohio and Massachusetts are resisting moves by local officials to apply landmark designations to shuttered churches, saying such moves raise issues of religious freedom and expression. Landmark advocates, meanwhile, say they are preserving the historic character of neighborhoods—a concern that isn’t always shared by bishops preoccupied with shrinking budgets and dwindling numbers of priests.”

ADF attorney Gary McCaleb appeared on KTVK 3 Phoenix to discuss pending prosecutions of churches for ringing church bells in Phoenix.

The MP4 runs just over 4 minutes.

ADF attorneys Erik Stanley and Gary McCaleb appeared on KFUO with Roland Lettner to discuss litigation pending in Phoenix over the ringing of church bells. The MP3 runs approx. 25 minutes.

Erik also appeared on the Hugh Hewitt Show to discuss the same case. The MP3 runs just over 5 minutes.

Related ADF Media Information

ADF attorney Erik Stanley appeared on Drive Time, AM 570 and 910 to discuss this case: Bishop sentenced to jail for ringing bells; three Phoenix churches sue city over vague noise ordinance restricting age-old practice

The MP3 runs just under 15 minutes.

Land Use Prof Blog: “There seems to be a big church-state land use battle brewing in Arizona . . . the Alliance Defense Fund, argued in U.S. District Court that the Phoenix noise ordinance is overly vague and unconstitutional . . . Is the ordinance unconstitutionally vague? Does targeting church bells infringe on First Amendment free exercise, or RLUIPA? It’s a generally-applicable rule, but the text certainly gives a wide berth of discretion to local government officials to make enforcement decisions under the ‘reasonableness’ standard.”

Christian Web News: “‘This case illustrates that no pastor should ever be criminally sentenced for ringing church bells,’ [Erik Stanley] said. ‘This is a huge leap. We are not aware of any historical precedent where someone has been criminally convicted for peacefully exercising his religion. He never should have been convicted for peacefully ringing his church bells.’”

UPI: “During oral arguments . . . Erik Stanley . . . said the noise ordinance is so vague it is impossible to determine if any given act is illegal. Several other churches support the cathedral. ‘These cases are important because no pastor should be convicted for peacefully exercising his religion,’ Stanley said. ‘That’s what this whole thing boils down to.’”

OneNewsNow: “‘They allow public addresses of non-commercial nature,’ Stanley explains. ‘They can be as loud as they want to. They allow for ice cream trucks to travel up and down the street playing their sound at a higher [noise] level than what the bell sounds were at Christ the King Cathedral. So the city of Phoenix’s noise ordinance allows for all of these noises, yet they have come after and criminally convicted a pastor.’”

Arizona Republic: “In May 2009 Phoenix Municipal Court Judge Lori Metcalf told the church, Cathedral of Christ the King, to pipe down . . . She also found the church’s leader, Bishop Rick Painter, guilty on two counts of disturbing the peace. He received a 10-day suspended sentence and three years’ probation . . . ‘These cases are important because no pastor should be convicted for peacefully exercising his religion,’ [Erik] Stanley said. ‘That’s what this whole thing boils down to.’”

WorldNetDaily: “Senior Legal Counsel Erik Stanley of the Alliance Defense Fund today argued both cases, and told WND the prosecution of Painter of Christ the King Liturgical Charismatic Church and the threats against other churches including St. Mark Roman Catholic Parish and First Christian Church of Phoenix are unprecedented. ‘This case illustrates that no pastor should ever be criminally sentenced for ringing church bells,’ he said. ‘This is a huge leap. We are not aware of any historical precedent where someone has been criminally convicted for peacefully exercising his religion. He never should have been convicted for peacefully ringing his church bells.’”

ADF attorneys are defending Bishop Rick Painter of Christ the King Liturgical Charismatic Church in State of Arizona v. Painter, a criminal case on appeal. They are also representing St. Mark Roman Catholic Parish, First Christian Church of Phoenix, and Christ the King Church in a civil suit in federal court that challenges the noise ordinance as unconstitutional.

Equally Confused: Construing RLUIPA’s Equal Terms Provision
Terry M. Crist III, 41 Ariz. St. L.J. 1139 (2009)

“This Comment explores the circuit split as an instance of the broader dialogue between Congress, the courts, and state and local government by asking how the embattled Ninth Circuit and the Supreme Court should resolve a facial challenge to a local ordinance under the equal terms provision of RLUIPA. This Comment concludes that the rule in the Eleventh and Seventh Circuits is the better of the two positions, both in terms of law and policy.”

Religion Clause Blog: “In an unpublished opinion which sets out none of the relevant facts, the 9th Circuit last Friday in Lowry v. Yavapai County Board of Supervisors, (9th Cir., Jan. 22, 2010), rejected a pro se appeal in a case in which plaintiffs claimed that a zoning decision violated their free exercise rights.”

Religion Clause Blog: “In Stamford, Connecticut, a state trial court judge on Wednesday refused to enjoin St. Andrew’s Episcopal Church from tearing down its its 136-year old rectory building . . . ”

Religion Clause Blog: “Yesterday’s Springfield (MA) Republican reported that the Roman Catholic Diocese of Springfield has filed suit in state court seeking to enjoin enforcement of a city ordinance enacted last December that creates an historic district out of Our Lady of Hope Church.”

I Object: The RLUIPA as a Model for Protecting the Conscience Rights of Religious Objectors to Same-Sex Relationships
Erin N. East, 59 Emory L.J. 259 (2009)

“This Comment examines the shortcomings of the United States Supreme Court’s current free exercise jurisprudence as well as current broad-based statutes like the Religious Freedom Restoration Act (RFRA) in protecting religious objectors in the context of same-sex rights. It then proposes a number of possible ways to protect religious objectors, concluding that while state statute-specific exemptions would be a more direct, and perhaps preferred, method of protecting religious objectors, the absence of state solutions and the need to implement a uniform approach to rights of conscience suggest a federal approach. A statute modeled on the Religious Land Use and Institutionalized Persons Act, (RLUIPA) would provide a more comprehensive and balanced approach than the funding legislation that has typically been used by Congress to protect other types of conscience rights. By providing some protection for religious individuals, such a federal conscience statute could lessen the tension between advocates for gay rights and advocates for religious liberty. While this Comment focuses explicitly on certain classes of religious objectors in the context of same-sex rights, the proposed solution could include provisions covering any class of religious objectors.”

Pacific Justice Institute: “Days after signing a contract for a third year at the cinema that it had been leasing, Loveland Church received a letter from its landlord that the agreement was terminated. Dated December 30th, the letter informed the Church that January 7th would be its last day. The letter stated that the City of Victorville had determined that its zoning does not allow for a house of worship on movie theatre premises.”

Becket Fund: ” . . .  a federal judge ordered Boulder County to pay more than $1.25 million in attorneys’ fees to Rocky Mountain Christian Church.  This was a follow up to the 2008 decision, in which a jury found that Boulder County violated RLUIPA when it denied the church permission to expand its facilities.”

KPHO.com: “Neighbors in the community took the matter to the city of Phoenix where ultimately the church was cited for violating zoning laws because the church was acting as a charity dining hall in a residential zone.”

Arizona Republic: “Mormon Church officials said Monday they want to work with a north Phoenix neighborhood, who turned in more than 16,000 signatures last week asking that voters decide the height of a temple.”

Religion Clause Blog: “Today’s Lynchburg (VA) News & Advance reports that the all-volunteer Muslim Chaplain Service, which for the first time was recently awarded a $25,000 grant from the state, wants more state funding so it can hire more imams to serve prisoners.”

WorldNetDaily: “A case brought by a church ministry in Chicago against city officials after they applied zoning and administrative rules to prevent the group from offering housing to victims of Hurricane Katrina has been revived by judges at the 7th Circuit Court of Appeals . . . The city of Chicago sued World Outreach Conference Center to shut its outreach ministry and community center, even though the building had operated as a community center since 1926, according to officials with the Alliance Defense Fund, which helped fund the work on behalf of the church.”

“We have consolidated for decision two cases presenting the recurring issue of the rights of religious organizations to avoid having to comply with local land-use regulations.”

UPI: “Residents of Pittsford, N.Y., appear split regarding the decision to quiet a local church’s bells during late night hours, church officials say.”

Religion Clause Blog: “Last week in Office of the State Public Defender v. McMeekin, (MT Sup. Ct., Dec. 23, 2009), the Montana Supreme Court issued a writ of mandamus ordering the jail revise its policy so that attorneys can have face-to-face visits with pretrial detainee clients . . . Apparently no one challenged the suspension of religious activities . . . ”

Bret Boyce, Equality and the Free Exercise of Religion (November 11, 2009). Cleveland State Law Review, Vol. 57, p. 493, 2008. Available at SSRN: http://ssrn.com/abstract=1504297

“The most contentious issue in constitutional free exercise doctrine is whether exemptions for religiously motivated conduct are constitutionally required or permitted. For decades, the Supreme Court’s jurisprudence in this area has been in considerable disarray. In recent years the Court has increasingly rejected the notion of constitutionally required religious exemptions, but shown considerable indulgence for legislative exemptions. This Article argues that while the Free Exercise Clause confers the highest protection on religious belief, expression, and association, it requires equal treatment of all in the regulation of conduct, regardless of their religious beliefs or lack thereof.”

Watertown Daily Times reported at theBecket Fund: “The Amish say the town refuses to issue permits that allow them to build homes according to their beliefs. The Amish, members of the Old Order Swartzentruber sect, say their religious beliefs will be violated if the town forces them to install smoke detectors in their homes, submit engineering plans and allow home inspections.”

Religion Clause Blog: “In Conner v. Tilton, 2009 U.S. Dist. LEXIS 111892 (ND CA, Dec. 2, 2009), in a decision unusually detailed in its analysis for a case brought by a prisoner pro se, a California federal district court held that the White supremacist Creativity Movement is not a ‘religion’ for purposes of the First Amendment or RLUIPA.”

This post may be updated.

Religion Clause Blog: “In McGuire v. Clackamas County Counsel, 2009 U.S. Dist. LEXIS 111390 (D OR, Nov. 24, 2009), an Oregon federal district court rejected a magistrate’s findings that “claim preclusion” required dismissal of claims by the pastor-founders of a local church alleging that application of local zoning ordinances violated their free exercise of religion.”

Baltimore Sun: “Prison officials in New Jersey have agreed to allow a Christian prisoner to teaching Bible study classes and preaching at weekly worship services, according to the American Civil Liberties Union.”

CBS Atlanta: “The Lilburn City Council voted against a proposed mosque. Dar-E-Abbas is planning to take the decision to Federal Court. They say the decision violates their religious rights.”

Case sent back to lower court to decide whether town ordinance unconstitutionally favors non-commercial signs that aren’t religious.

Although we conclude the provision of the ordinance directly regulating Good News’ signs does not of itself violate the First Amendment, the district court did not address Good News’ claim that the ordinance unfairly discriminates among forms of noncommercial speech

New England Prison Ministries: “The Massachusetts Department of Corrections is planning to layoff Prison Chaplains of all faiths within the next week or month.”

ACLU: “The American Civil Liberties Union today demanded that the Bureau of Prisons (BOP) release all records in its possession related to attempts by prison officials to purge from federal prison chapel libraries any religious material arbitrarily deemed to be unacceptable.”

AZ Republic: “The ruling is against CrossRoads United Methodist Church in north-central Phoenix and it says that the church is operating as a charity dining hall, which breaks a city zoning ordinance.”

Arizona Republic: “The ruling is against CrossRoads United Methodist Church in north-central Phoenix and it says that the church is operating as a charity dining hall, which breaks a city zoning ordinance.”

Alliance Defense Fund allied attorney John Mauck will be available for media interviews following his oral argument before the U.S. Court of Appeals for the 7th Circuit Friday in an important religious land use battle that heated up when the city of Chicago blocked the use of a Christian ministry’s property for Hurricane Katrina victims.

Religion Clause Blog: “Yesterday’s Keene (NH) Sentinel reports that a New Hampshire trial court judge has ruled that the Richmond, New Hampshire planning and zoning boards violated the federal Religious Land Use and Institutionalized Persons Act in dealing with the zoning application of a conservative Catholic church. St. Benedict Center applied to build a school and chapel on land it owned.”

The opinion in River of Life Kingdom Ministries v. Village of Hazel Crest, No. 08-2819 (7th Cir., Oct. 27, 2009) begins:

Before CUDAHY, MANION, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge. River of Life Kingdom Ministries (“the Church”) attempted to relocate its congregation from a crowded warehouse in Chicago Heights to its very own property—a dated fixer-upper in a blighted community in the Village of Hazel Crest. The problem was the Village had a zoning ordinance in place that designated the area a “Service Business District.” The ordinance permitted a number of commercial uses for the property, but not religious services. The Church was aware of this ordinance, but it bought the property anyway hoping it would receive a special use permit, a form of relief, which, unbeknownst to the Church, was no longer available under the current zoning ordinance.

So the Church sued the Village under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) to allow it to relocate to the business district. Before the case could be decided on the merits, the Church filed a motion for preliminary injunction to allow it to relocate to the property in the interim. The district court denied the motion and the Church appealed.

We conclude that the Church has only a slim chance of success on the merits and that any irreparable harm it may suffer does not significantly outweigh the potential harm to the Village. As a result, we affirm the district court’s denial of the Church’s motion for preliminary injunction.

Oakland County Daily Tribune: “The American Civil Liberties Union says a Ferndale church has the right to rent space to a nonprofit group that helps homeless people find shelter, jobs and counseling. However, the ACLU’s attempt to raise religious rights issues on behalf of First Baptist Church of Ferndale was met with resistance.”

Religious Clause: “In Elijah Group v. City of Leon Valley, 2009 U.S. Dist. LEXIS 92249 (WD TX, Oct. 2, 2009), a Texas federal magistrate judge recommended dismissing challenges . . . to a zoning ordinance of the City of Leon Valley, Texas . . . The magistrate concluded that nothing requires the city to change its zoning Master Plan and rezone property just because the applicant is a church.”

Wicked Local: “Superior Court judge has denied the archbishop of Boston’s request to end a lengthy legal battle between the church and the town over taxes owed on St. Frances X. Cabrini, a parish closed in 2004. For the property to remain tax-exempt, the archbishop must provide proof that the archdiocese plans to put the property to a religious use, Judge Paul Troy said in a ruling Tuesday.”

Law.com (NY Law J.): ” . . . a federal appeals court has ruled that a prisoner who founded a religion that requires martial arts sparring but forbids eating meat or appearing nude in front of non-members was properly barred from leading a prison congregation. But a unanimous panel of the 2nd U.S. Circuit Court of Appeals in Keesh v. Smith, 08-2816-pr, concluded that denying the inmate his religion-mandated dietary regime might not be the “least restrictive means” to address security or administrative concerns, and remanded that issue to the court below.”

Daily Tribune: “Civil liberties group argues that preventing First Baptist of Ferndale from serving homeless people is against the law.”

The Citizen: “Bishop Rick Painter, rector of the Cathedral of Christ the King in Phoenix, Ariz., was recently . . . arrested and convicted for ringing bells . . . Now the bells at the church in Phoenix ring only for Sunday worship services. They have been silenced otherwise. A religious liberties group, the Alliance Defense Fund, plans to appeal the conviction, according to the AARP article.”

Religion Clause Blog: “The city of Bellmead, Texas (under prodding from a federal judge as trial approached) is close to settling a RLUIPA lawsuit brought against it by the Church of the Open Door which was refused zoning permission to move its halfway house for released prisoners into a former nursing home building it had purchased.”

Cleveland Plain Dealer: “Even if the Cleveland Catholic Diocese goes ahead with the planned closing of St. James Church, the twin-towered building may be protected. Proposed legislation in Lakewood City Council would prohibit the diocese or any future owner from tearing down the church or gutting its ornate interior.”

Hat tip: Religion Clause Blog

Religion Clause Blog reports: “. . . The U.S. 8th Circuit Court of Appeals has joined the 4th, 5th, 6th and 7th Circuits in holding that while RLUIPA’s prisoner provisions are an appropriate use of Congress’ spending power, states do not waive their sovereign immunity from damage claims under the Act by accepting federal prison funds. The 11th Circuit has taken the opposite position. In Van Wyhe v. Reisch, (8th Cir., Sept. 10, 2009) . . . ”

“The House Where Jesus Shines was forced to stop operating its church ministry to parolees after the city of Bellmead learned about it and immediately passed a zoning ordinance that prevents the ministry from operating anywhere within the city.”

Religion Clause Blog : ” . . . a RLUIPA lawsuit was filed in federal district court in Connecticut on Wednesday by Chabad Lubavitch of Litchfield County and its rabbi, Joseph Eisenbach, challenging the refusal by the town of Litchfield to allow Chabad to restore and add onto a Victorian house on the edge of the town’s Historic District.” (links omitted)

Van Wyhe v. Reisch, No. 08-1413 (8th Cir. Sept. 10, 2009) . . . “Sisney, a SDSP inmate who practices the Jewish faith, brought suit pursuant to 42 U.S.C. § 1983 and RLUIPA for the violation of his free exercise of religion rights . . . Sisney claimed that the prison officials violated his right to the free exercise of religion under RLUIPA and the First Amendment by denying (among other things not relevant to this appeal) his request to possess and use a succah, his request to have a tape player in his cell to study the Hebrew language, and his request for additional group religious and language study time . . . ”

Religion Clause Blog: “The Nation of Gods and Earths / Five Percenters (NGE) — an offshoot group of the Nation of Islam — is classified by many prison systems as a Security Threat Group (STG). (Background.) Last month in Hardaway v. Haggerty, (ED MI, Aug. 17, 2009), a Michigan federal magistrate judge recommended that the STG designation be removed from the group.” According to the Religion Clause Blog, RLUIPA’s strict scrutiny test is cited as a basis for the decision.

Religion Clause Blog: “Today’s Frederick (MD) News-Post reports that the town of Walkersville, Maryland has agreed in general on a settlement in a lawsuit against it brought by the owners of land that the Ahmadiyya Movement of Islam had hoped to buy to construct a mosque.”

Religion Clause Blog: “Today’s Baltimore Sun carries an interesting analysis of zoning opposition to building of mega-churches (and similarly large synagogues and mosques).”

Alliance Defense Fund attorneys filed a lawsuit in federal court Wednesday against the city of Phoenix on behalf of three churches, claiming that a noise ordinance prohibiting the ringing of their bells is unconstitutional.

Law.com: “The U.S. Court of Appeals for the 1st Circuit has upheld a lower court ruling requiring Massachusetts prison officials to allow two Muslim inmates access to televised prayer services. The court’s Aug. 24 ruling expanded the circuit’s sparse case law on the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law passed in 2000 to strengthen the right of religious expression for prisoners and in land-use planning.”

ADF attorney Erik Stanley and Anglican Bishop Rick Painter of the Cathedral of Christ the King Church in Phoenix, Arizona appeared on KPXQ Radio to discuss efforts to silence the Church Bells.

The MP3 runs just over 40 minutes.

Religion Clause Blog: “Sunday’s Rochester (NY) Democrat & Chronicle carries a lengthy investigative report on tax exemptions for local property held for religious use. It says that in 2008, the value of properties exempted from taxes for religious purposes in Monroe Count (NY) was almost $756 million.”

WCSH6: “The city of Portland and a group of Afghan Muslims have come to an agreement that will allow them to use a building on Washington Avenue as a mosque. The Maine Civil Liberties Union filed a lawsuit on behalf of Portland Masjid and Islamic Center, saying the city’s zoning ordinances violate the group’s right to religious freedom.”

Boston Globe (AP): “The Maine Civil Liberties Union has filed a federal lawsuit claiming the city of Portland violated the rights of Afghan Muslims who want to use a building as a mosque.”

ACLU: “In response to a letter sent last month by the American Civil Liberties Union, a Virginia jail has agreed to change its policies regarding prison mail to ensure that biblical passages and other religious material sent to prisoners are no longer censored.”

Albany Government Law Review: “Building codes and, to a lesser degree, aesthetic or historic regulations, may not only be established at the local level, but may also be identified under uniform state and even international laws designed to ensure that buildings are safe, habitable, and appropriate for the community environment. Such laws, while neutral on their face and allegedly enacted for public health, safety, and welfare, should nonetheless be closely scrutinized under constitutional principles or RLUIPA guidelines when they are individually applied to burden the fundamental right of free exercise of religion. Arbitrary or discriminatory decision-making cannot be allowed by hiding behind the facial neutrality of public health, safety, and aesthetic or historic regulation.”

Albany Government Law Review: “There should be no argument as the text, context, and legislative history of the Act all indicate that ‘appropriate relief’ includes, among other things, relief in the form of money damages, and I opine that such a reading of the statute is in accord with Congress’s intent when it originally drafted the statute. Congress’s anticipated scope of relief includes nominal, punitive, and compensatory damages against municipalities, but also all of these damage types are recoverable against governmental officials in both their official and individual capacities.”