Church Sues New York Under RLUIPA After City Nixes Catering Lease

Park Avenue's Third Church of Christ, Scientist, yesterday filed a RLUIPA lawsuit against the City of New York after the city said it would revoke a permit that had been granted for a catering company to use of the church's building. The city's Building Department argues that the planned use under a 20-year lease would violate zoning regulations. Today's New York Times reports that the church, suffering declining membership, entered the arrangement under which the Rose Group catering company will take out movable pews when it uses the sanctuary for catered events. Under the agreement, the Rose Group has already spent $6.5 million on building repairs. The Preservation Coalition, representing neighbors, opposes the church's arrangement, saying the church has essentially turned its building over to the caterers for commercial use. Church officials however say the building will still be used primarily for religious purposes, with 400 to 500 hours per month of religious activities. It will be used only 60 hours per month for catering. The lawsuit alleges that the church is not being treated equally with non-religious institutions that are allowed to rent out their premises for social events.