Permit Requirement For Church's Use As Homeless Shelter Upheld

In Westgate Tabernacle, Inc. v. Palm Beach County, (FL 4th Dist. Ct. App., May 20, 2009), a Florida state appellate court upheld Palm Beach County's application of its zoning rules to Westgate Tabernacle's use of its church building as a homeless shelter. The court rejected challenges under the Florida Religious Freedom Restoration Act and federal RLUIPA, finding that merely requiring a church to apply for a conditional use permit is not a substantial burden on its free exercise. Also plaintiff did not show that running a shelter at a specific location was fundamental to its religious exercise. Yesterday's South Florida Sun-Sentinel reported on the decision.