Showing posts with label RLUIPA. Show all posts
Showing posts with label RLUIPA. Show all posts

Thursday, March 28, 2024

Restricting Frequency of Church Free Meal Services Violates RLUIPA

 In St. Timothy's Episcopal Church v. City of Brookings, (D OR, March 27, 2024), an Oregon federal district court held that a zoning ordinance that limits the number of days that a church can serve free meals to people in need violates the federal Religious Land Use and Institutionalized Persons Act. St. Timothy's has been offering free lunchtime meals since 2009 and sees this as fundamental to their Episcopalian faith. Most recently meals have been served three to four times per week. In 2021, the city amended its zoning code to require a conditional use permit for "benevolent meal services" in residential districts and limited such services to two times per week. Finding that the city has burdened the church's religious exercise without a compelling interest in violation of RLUIPA, the court said in part:

[P]rotecting the public welfare, maintaining peace and order, and preventing crime are all certainly compelling government interests in a broad, general sense. However, the City has not articulated how the specific provisions of the Ordinance that limit meal service to two days per week ... serve to protect public welfare, maintain peace and order, or prevent crime in practical application. The Court can find no logical, causal relationship between the limitation and these interests....

Here, the City has long permitted, and arguably even supported benevolent meal services at St. Timothy's, without limitation as to the number of days such meals could be provided. This undisputed fact is fatal to their argument that the Ordinance's restrictions are intended to promote public welfare, peace, and order, and to deter crime....

... [T]he City has not shown that it considered and rejected the efficacy of less restrictive measures.

Tuesday, March 26, 2024

Denial of Church's Property Tax Exemption Did Not Violate RLUIPA

In Sandstrom v. Wendell, (WD NY, March 22, 2024), a New York federal district court rejected RLUIPA challenges to local tax officials' denial of a tax exemptions for two properties owned and converted to religious use by the Church of the Holy Redemption. Plaintiff, pastor of the church, argued that his religious exercise was substantially burdened by the denial. Tax officials contended that the Church did not qualify for a tax exemption. The court held in part:

[D]espite Plaintiff’s attempts to recharacterize his claims as amounting to a zoning challenge, ... Plaintiff has not plausibly alleged any burden on his religious beliefs apart from having to apply for tax-exempt status or being required to pay taxes.  At its core, Plaintiff is seeking a federal court ruling on a local tax matter, which is specifically circumscribed by the Tax Injunction Act and principles of comity....

Here, Plaintiff has not alleged that he submitted a meaningful application to challenge the controversy or gave Defendants an opportunity to commit to a position intended to be “final.”  Plaintiff does not allege that he completed the necessary requirements to challenge the properties’ status, commenced any appeal of the determination, or that such efforts would be futile, weighing against a finding that the claims are ripe....

Thursday, March 21, 2024

Christian Food Ministry Sues to End City's Attempts to Close It Down

 Last week, a Yuma County, Arizona Baptist church filed suit in an Arizona federal district court challenging actions the city of San Luis has taken to close down the church's food distribution ministry which it has operated for 23 years. The complaint (full text) in Gethsemani Baptist Church v. City of San Luis, (D AZ, filed 3/13/2024), says that with the election of a new mayor in 2022, the city ended its prior support for the food ministry and used zoning rules to attempt to end its operations. The city contends that the growth of the church's Food Ministry has changed it sufficiently that it may no longer rely on its prior treatment as a legal non-conforming use. The church alleges that the city's actions violate RLUIPA, the Free Exercise Clause, and Arizona's Free Exercise of Religion Act. First Liberty issued a press release announcing the filling of the lawsuit.

Monday, March 18, 2024

7th Circuit: Zoning Denial for Catholic School Athletic Field Lights Did Not Violate RLUIPA

In Edgewood High School of the Sacred Heart v. City of Madison, Wisconsin, (7th Cir., March 15, 2024), the U.S. Court of Appeals for the 7th Circuit upheld the denial of zoning approval for a Catholic high school to install lights in its athletic field for nighttime games. The court rejected the school's claims that the denial violated the "equal terms" and "substantial burden" provisions of the Religious Land Use and Institutionalized Persons Act, saying in part:

... [W]e remain doubtful that the hosting of nighttime athletic competitions constitutes “religious” activity.... We can put our doubts to the side, though, because the City effectively conceded on appeal that the hosting of games at Edgewood’s athletic field constitutes religious activity. We accept that concession for purposes of this appeal. 

It would be a bridge too far, however, to conclude that Edgewood’s inability to host nighttime competitions at its field imposes a “substantial burden” on its Catholic mission.... [W]e have examined the term in the land-use context and concluded that the availability of other adequate properties to host religious activities may defeat a substantial burden claim....

The alternative venues in this case are in the same general community within the City of Madison as Edgewood and, according to the evidence developed during discovery, remain available to host nighttime events. Given these alternative sites, we cannot see how the City’s zoning decisions imposed a substantial burden on Edgewood’s religious mission. Indeed, the high school has never hosted nighttime competitions on its athletic field but has carried out its religious mission all the same for over 100 years.

Monday, March 04, 2024

RLUIPA Safe harbor Does Not Extend to Claims for Monetary Damages

 In Bair Brucha Inc. v. Township of Toms River, New Jersey, (D NJ, Feb. 29, 2024), a New Jersey federal district court granted plaintiffs judgment on the pleadings on their RLUIPA and Free Exercise challenges to discriminatory land use regulations that prevented their construction of a synagogue.  Plaintiffs claimed that Toms River had engaged in an orchestrated effort to prevent the growth of the Orthodox Jewish population in the town. Subsequent to the filing of this lawsuit, the township amended its zoning regulations in a settlement of a RLUIPA suit brought by the Justice Department. Plaintiffs did not deny that their original regulations violated the Equal Terms and the Exclusion and Limits provisions of RLUIPA. However, they contended that since the zoning ordinances have subsequently been amended, the township is covered by the safe harbor provision in RLUIPA that shields a local government from the preemptive force of RLUIPA if it subsequently amends its land use regulations to remove the burdensome or discriminatory provisions. The court held that the safe harbor provision does not extend to claims for monetary damages incurred before the township took corrective action.

Also finding a violation of the Free Exercise clause, the court concluded that the land use regulations were neither neutral nor generally applicable and that antisemitic animus was a motivating factor behind the land use regulations.

Friday, February 16, 2024

Hawaii Chabad Rabbi Sues Over Zoning Law

Suit was filed this week in a Hawaii federal district court by a Chabad rabbi contending that Hawaii County's residential zoning Code violates the First Amendment, the Hawaii Constitution and RLUIPA. The complaint (full text) in Chabad Jewish Center of the Big Island v. County of Hawaii, (D HI, filed 2/13/2024), alleges in part:

 Hawai‘i County Code § 25-5-3(a)(9) allows “[m]eeting facilities” to operate “in [a] RS district” sans any restriction.  Conversely, Hawai‘i County Code § 25-2-61(b)(3) permits “[c]hurches, temples and synagogues” to operate in a RS district “only if a use permit is obtained for use.”  And, critically, use permits are required not only for “[c]hurches, temples and synagogues” themselves but also for the “meeting facilities for churches, temples, synagogues and other such institutions[] in RS . . . districts.” ...  In other words, in residential use districts in Hawai‘i County, meeting facilities are permissible so long as they’re secular....

It is the County’s policy and practice to prosecute supposed violations of Hawai‘i County Code § 25-2-61 only when the violating party hosts Jewish gatherings.  The County’s enforcement decisions are neither neutral nor generally applicable, as other religious and non-religious meetings of comparable size have occurred unmolested in the zoning district of Rabbi Gerlitzky’s home.  The County’s policy of selective enforcement against the Plaintiffs, if left unchecked, will effectively shutter one of the now only two orthodox Jewish gathering spaces on the Big Island.  This policy is enabled by the County’s practice of ratcheting up recurring fines against the Plaintiffs.

First Liberty Institute issued a press release announcing the filing of the lawsuit.

Wednesday, February 07, 2024

5th Circuit, 11-6, Denies En Banc Rehearing on Availability of Damages Under RLUIPA

In Landor v. Louisiana Department of Corrections and Public Safety, (5th Cir., Feb. 5, 2024), the U.S. 5th Circuit Court of Appeals, by a vote of 11-6, denied an en banc rehearing in a RLUIPA suit seeking damages from officials in their individual capacities. Judge Clement, joined by 8 other judges, filed an opinion concurring in the denial, saying in part:

Officials at the Raymond Laborde Correctional Center knowingly violated Damon Landor’s rights in a stark and egregious manner, literally throwing in the trash our opinion holding that Louisiana’s policy of cutting Rastafarians’ hair violated the Religious Land Use and Institutionalized Persons Act before pinning Landor down and shaving his head. Landor clearly suffered a grave legal wrong. The question is whether a damages remedy is available to him under RLUIPA. That is a question only the Supreme Court can answer.

Judge Ho, joined by Judge Elrod, filed a dissent to the denial. Judge Oldham, joined in whole or part by 5 other judges, also filed a dissenting opinion, saying in part:

The panel held RLUIPA does not allow prisoners to sue state prison officials in their individual capacities for money damages. With all due respect to my esteemed and learned colleagues, that result cannot be squared with Tanzin v. Tanvir, 592 U.S. 43 (2020). Tanzin held that individuals can sue for money damages under the Religious Freedom Restoration Act of 1993 (“RFRA”). The operative provisions of RFRA and RLUIPA are in haec verba, and both the Supreme Court and ours routinely interpret the statutes in parallel. Today, unfortunately for Landor, our court pits the statutes against one another. I respectfully dissent.

Friday, January 26, 2024

11th Circuit Rejects RLUIPA Challenge to Novel Execution Method; Supreme Court Denies Review

In Smith v. Commissioner, Alabama Department of Corrections, (11th Cir., Jan. 24, 2024), the U.S. 11th Circuit Court of Appeals in a 2-1 decision refused to stop the January 25 execution of death row inmate Kenneth Smith.  The U.S. Supreme Court also refused to stay Smith's execution and denied certiorari in the case, initially in an Order dated January 24 (Smith v. Alabama, (Docket No. 23-6517)), and subsequently in an order dated January 25, to which Justice Sotomayor filed a dissent, as did Justice Kagan joined by Justice Jackson. (Smith v. Hamm, (Docket No. 23-6562)). Smith was executed in the evening of January 25. The case has garnered substantial news coverage because Alabama used a novel execution method-- nitrogen gas-- after a first attempt at execution by lethal injection failed. In addition to 8th Amendment claims, Smith, who wished to engage in audible prayer as he was being executed, raised free exercise claims under RLUIPA (as well as other claims).  The 11th Circuit affirmed the district court's refusal to issue a preliminary injunction, saying in part:

Here, Smith argues that the Protocol substantially burdens his ability to audibly pray during the course of his execution because he faces an untenable choice—audibly pray or face a substantial risk of superadded pain or prolonged death due to a dislodged mask. It is not speculative that Smith would engage in religious exercise because he both audibly prayed and sang the contemporary hymn “I Am Not Alone” during his failed execution. However, we cannot say that the district court clearly erred when it found that any risk of the mask gaping or dislodging is speculative based upon the same factual findings regarding the mask’s design, fit, and nitrogen volumes above. Without such findings, we cannot conclude that Smith will be substantially burdened in his ability to audibly pray during the course of the execution. Based upon this standard of review, we are bound to accept the district court’s findings as to Smith’s claim and affirm the district court on its RLUIPA holding.

Judge Wilson filed a concurring opinion and Judge Pryor filed a dissent on the 8th Amendment issue.

Tuesday, January 23, 2024

Church Sues City Over Operation of Ministry for Homeless

Suit was filed yesterday in an Ohio federal district court seeking to enjoin the city of Bryan, Ohio from enforcing its zoning ordinances in an attempt to prevent a Christian church that ministers to the homeless from remaining open 24-hours a day. The complaint (full text) in Dad's Place of Bryan, Ohio v. City of Bryan, (ND OH, filed 1/22/2024), contends that the city has begun "a coordinated effort to exclude ministries from operating downtown." The city has charged the church's pastor with 18 criminal counts for allowing homeless to reside on the property for an extended amount of time in violation of zoning rules. The Church in its complaint contends that the city has violated the 1st and 14th Amendments, RLUIPA, the Fair Housing Act and the Ohio Constitution. First Liberty Institute issued a press release announcing the filing of the lawsuit.

UPDATE: Friendly Atheist has additional background on the city's concerns regarding the church's activities.

Friday, January 12, 2024

Inmate's Speech and Religion Challenges to His Execution Method Are Not Dismissed, But Execution Not Enjoined

In Smith v. Hamm, (MD AL, Jan. 10, 2024), plaintiff, who is scheduled for execution by nitrogen hypoxia on January 25, challenges the legality of his execution on several grounds.  Among these are his claims that his free speech rights as well as his free exercise rights are violated because masking him will interfere with his making an audible statement and praying audibly during his execution.  The court concluded that plaintiff had made plausible claims that the execution protocol violates his First Amendment free speech rights and his religious free exercise rights under RLUIPA, the First Amendment and the Alabama Religious Freedom Act (as well as his 8th Amendment rights).  Therefore, it denied defendants' motion to dismiss those claims.  The court went on, however, to conclude that plaintiff had not shown a substantial likelihood of success on the merits of those claims. Therefore, the court refused to issue a preliminary injunction to bar execution of plaintiff. At issue in the case is the state's second attempt to execute plaintiff. A previous attempt to execute him by lethal injection failed when after 90 minutes of trying, authorities were unable to access his veins.

Friday, January 05, 2024

Constitutional Challenge to RLUIPA Dismissed on Sovereign Immunity Grounds

In Coritsidis v. Khal Bnei Torah of Mount Ivy, (SD NY, Jan. 3, 2024), a New York federal district court dismissed the portion of the lawsuit naming the United States as defendant. Plaintiffs sought a declaratory judgment that the Religious Land Use and Institutionalized Persons Act discriminates in favor of religion in violation of the Establishment Clause. The court did not get to the merits of the constitutional argument, saying in part:

Because Plaintiffs fail to meet their burden to establish an applicable waiver or exception to the doctrine of sovereign immunity, the Court dismisses all claims against the United States without prejudice for lack of subject matter jurisdiction under Rule 12(b)(1).

The court went on to refuse to exert supplemental jurisdiction over state law nuisance claims against defendant synagogue. Rcbizjournal reports on the decision.

Thursday, December 14, 2023

4th Circuit: Nation of Gods and Earths May Qualify as a Religion

In Greene v. Lassiter, (4th Cir., Dec.13, 2023), the U.S. 4th Circuit Court of Appeals in a pro se suit by a prisoner held that the district court should not have dismissed plaintiff's RLUIPA and the 1st Amendment claims.  At issue is whether Nation of Gods and Earths ("NGE") qualifies as a "religion" for purposes of those provision. The court held that even though plaintiff's complaint said that NGE is a God-centered culture that should not be misconstrued as a religion, this should not be treated as a binding admission.  The court said in part:
Greene’s statement wasn’t an “intentional and unambiguous waiver[] that release[d] the opposing party from its burden to prove the facts necessary to establish the waived conclusion of law.”... To the contrary, Greene has consistently maintained that he asserts rights under RLUIPA and the First Amendment for being denied the ability to practice his faith or belief system, even if NGE eschews the label of “religion.” And in RLUIPA, Congress “defined ‘religious exercise’ capaciously” and “mandated that this concept ‘shall be construed in favor of a broad protection of religious exercise....
Our review of the record shows that there may be at least an open factual question about whether NGE qualifies as a religion for RLUIPA and First Amendment purposes, making summary judgment inappropriate.

Tuesday, December 12, 2023

2nd Circuit: Jewish School Prevented From Purchasing Site Meets Standing and Ripeness Requirements To Sue

In Ateres Bais Yaakov Academy of Rockland v. Town of Clarkston, (2d Cir., Dec. 8, 2023), the U.S. 2nd Circuit Court of Appeals held that an Orthodox Jewish school that was prevented by town officials and a citizens' group from purchasing property on which to build met the standing and ripeness requirements to bring suit under RLUIPA, civil rights laws and state tort law. The court said in part:

ABY argues on appeal that its claims were ripe because nothing more than de facto finality is required for us to review them, and that such finality attached when the Zoning Board informed ABY that it would not entertain its appeal. ABY also argues that the district court erred in holding that ABY failed to satisfy the traceability requirement of Article III standing as to its tortious interference claim because it adequately pleaded that the Town Defendants’ conduct caused its contractual injuries. We agree with ABY and, therefore, we REVERSE the judgement of the district court and REMAND for further proceedings consistent with this opinion.

Thursday, December 07, 2023

Denial of Permission to Build Grotto Did Not Violate RLUIPA

 In Frederic v. City of Park Hills Board of Adjustment, (KY App., Dec. 1, 2023), a Kentucky state appeals court held that a denying a church permission to build a grotto on its property does not violate the Religious Land Use and Institutionalized Persons Act.   The court said in part:

The application of the ordinance to prohibit construction of the grotto may make practice of religion somewhat more difficult for the church’s congregation or the adherents of the Catholic faith broadly, but the Zoning Ordinance is not inherently inconsistent with their religious beliefs. Accordingly, we find the Park Hills Zoning Ordinance imposes no substantial burden on the religious exercise of any Appellee and, therefore, the ordinance does not constitute a violation of RLUIPA.

Wednesday, October 25, 2023

Consent Decree Entered In RLUIPA Suit Charging Discrimination Against Orthodox Jews

Last week, a New York federal district court entered a consent decree (full text) in United States v. Village of Airmont, (SD NY, Oct. 19, 2023). The decree settles a RLUIPA suit brought by the Justice Department charging the Village with religious discrimination. The consent decree supersedes a preliminary injunction issued by consent in 2021. (See prior posting.) According to the Justice Department's press release describing last week's consent decree:

The lawsuit alleged that Airmont had revised its zoning code in 2018 to discriminate against Orthodox Jewish residents and make it more difficult for them to worship in their own homes. The consent decree increases the amount of space in private homes that can be used for worship, removes restrictions that limited who residents are allowed to invite into their own homes to pray and eliminates the use of an arbitrary, drawn-out application process designed to delay and effectively deny permits for even minor alterations to private houses. Since 1991, this is the third lawsuit brought by the United States against Airmont for discriminating against the Orthodox Jewish community.

Wednesday, October 04, 2023

11th Circuit: Buddhist Organization Prevails Under Alabama State Constitution in Zoning Fight

In Thai Meditation Association of Alabama, Inc. v. City of Mobile, Alabama,(11th Cir., Oct. 2, 2023), the U.S. 11th Circuit Court of Appeals partly reversed the summary judgments entered in favor of the city of Mobile at the district court level.  At issue is Mobile's denial zoning approval for a Buddhist organization to use a house in a residential district for religious purposes. The appeals court held that neither party is entitled to summary judgment under RLUIPA because of factual disputes.  It held that the district court correctly dismissed plaintiff's Free Exercise claim because the zoning designation process is neutral and generally applicable. It held however, that the Buddhist organization is entitled to an injunction under the Alabama Religious Freedom Amendment to the state constitution, saying in part:

To begin, we have never held that neighborhood character or zoning are compelling government interests sufficient to justify abridging core constitutional rights....  ... [A]mici also note that generalized, high-level invocations of “zoning” are often used to target minority faith’s land use applications.... These concerns underscore why it is necessary to hold government entities to their burden to state and support a well-defined government interest. 

Here, the City has failed to carry its burden to demonstrate a compelling government interest. The generalized invocations of neighborhood character and zoning fail as a matter of law under our precedents. The City’s invocation of traffic concerns fare slightly better..., but they are unsubstantiated in the record....

Tuesday, September 26, 2023

DOJ Announces Outreach Programs on RLUIPA

In a press release last Friday, the Justice Department announced that to mark the 23rd anniversary of the Religious Land Use and Institutionalized Persons Act, it will hold a series of outreach events to highlight the Department's enforcement efforts, saying in part:

The department’s first RLUIPA outreach event will take place at Seton Hall Law School in Newark, New Jersey, on Oct. 30. The event will include remarks from officials with the Justice Department’s Civil Rights Division, the U.S. Attorney’s Office for the District of New Jersey, religious leaders in New Jersey whose organizations have benefited from RLUIPA’s protections and attorneys who have experience litigating RLUIPA cases. The department will host additional events across the country in the coming months, including in California and Michigan.

The Department has also posted updated material about RLUIPA, including information on identifying and reporting violations.

Tuesday, September 12, 2023

6th Circuit Says Zoning Restrictions on Prayer Trail Violate RLUIPA

In Catholic Healthcare International, Inc. v. Genoa Charter Township, (6th Cir., Sept. 11, 2023), the U.S. 6th Circuit Court of Appeals ordered a Michigan federal district court to promptly enter a preliminary injunction that will allow a Catholic healthcare organization to restore a Stations of the Cross prayer trail along with a stone altar and mural. Genoa Township zoning officials had insisted that the Prayer Trail should be treated as a church for zoning purposes. Plaintiffs sued contending that the zoning ordinance as applied to them violates RLUIPA. The court said in part:

The question here is whether the Township’s decision to treat the prayer trail as the equivalent of a church building—thereby requiring plaintiffs to apply for a special land-use permit—imposed a substantial burden on their “religious exercise[.]”...

The only factor that the Township mentions, in arguing that plaintiffs have not borne a substantial burden, is whether “a plaintiff has imposed a burden upon itself[.]” Id. This factor reflects that, when a plaintiff has good reason to know in advance that its proposed usage will be subject to an onerous review process, the burdens of that process are not likely to count as substantial for purposes of 42 U.S.C. § 2000cc(a)(1). But here the Township’s zoning ordinance gave plaintiffs little reason to expect the treatment they have received....

... [P]laintiffs had reason to think that their prayer trail would be treated in the same manner as “[p]rivate non-commercial parks, nature preserves and recreational areas”—none of which require a special land-use permit in the type of zoning district ... in which plaintiffs’ parcel is located....

The court also held that a Township ban on organized gatherings on plaintiffs' property would likely substantially burden their religious exercise.

Judge Clay filed a concurring opinion expanding on the legal standards governing claims under RLUIPA.  CBS News reports on the decision.

Sunday, August 13, 2023

Hawaii County's Denial of Permit to Temple Did Not Meet Strict Scrutiny Test

In Spirit of Aloha Temple v. County of Maui(D HI, Aug. 11, 2023), in a case that has been in litigation for more than seven years, a Hawaii federal district court entered partial summary judgment for plaintiffs on one issue in the case. It held that the state had not met the strict scrutiny test on plaintiffs RLUIPA, free exercise and equal protection challenges to the denial of a special use permit to allow Spirit of Aloha Temple to use agriculturally-zoned land for a church and several other church-operated facilities including a wedding venue site. The court concluded that the denial was neither narrowly tailored nor the least restrictive means of furthering a compelling governmental interest. However, a number of other issues remain to be decided before determining whether there were statutory or constitutional violations. There remains the question of whether denial of the special use permit imposed a substantial burden on the Temple. According to the court, for purposes of RLUIPA that, in turn, depends on whether plaintiffs had a reasonable expectation of being able to build a religious institution on the land when they acquired it. For plaintiffs' federal and state free exercise claims, plaintiffs must show that their operation of the property was rooted in religious belief and that the county had an intent to discriminate. The court went on to hold that the RLUIPA non-discrimination (as opposed to its "substantial burden") provisions do not turn on strict-scrutiny review, but instead on whether there was religious discrimination.  When the regulation is neutral, that requires showing an intent to discriminate.

Thursday, July 20, 2023

6th Circuit Hears Oral Arguments in RLUIPA Land Use Dispute

The U.S. 6th Circuit Court of Appeals yesterday (July 19) heard oral arguments (audio of full oral arguments) in a RLUIPA land use case, Catholic Healthcare International, Inc. v Genoa Charter Township, Michigan. The dispute is summarized by a Michigan federal district court in one of its opinions:

CHI acquired title to a parcel of undeveloped property... and requested Township approval to construct a grotto/prayer area with associated parking and drive access on the Property.... In response, the Township informed a CHI representative that the proposed construction would be considered a special land use requiring special land use and site plan approval.... Despite this instruction from the Township, CHI erected the desired religiously symbolic structures: a Station of the Cross, similar in size and appearance to a birdhouse, and a shrine consisting of an image within a brick wall, referred to as a “grotto,” on the Property without approval or permits from the Township....

The complex history of the case is outlined on the website of the American Freedom Law Center. Yesterday's oral arguments, which focused in part on the issue of ripeness, are discussed by Courthouse News Service.