Monday, September 13, 2010

11th Circuit Rejects Free Exercise Challenge To City's Business Regulation

In Manseau v. City of Miramar, (11th Cir., Sept. 10, 2010), the 11th Circuit Court of Appeals dismissed a free exercise claim brought against the city of Miramar, Florida by a couple who were fined for a number of code violations for operating a commercial roofing business out of their residence.  Plaintiffs claimed that the citations and fines made them unable to practice their religion which was funded by their roofing business. The court, however, held that the code provisions regulating businesses were valid neutral laws of general application whose effect on religion was merely incidental.