Church's Cultural Center May Move Ahead With RLUIPA Equal Terms Claim

Victory Center v. City of Kelso, 2012 U.S. Dist. LEXIS 47890 (WD WA, April 4, 2012), is a challenge under RLUIPA, as well as the state and federal constitution, to Kelso, Washington's zoning regulations which kept an educational and cultural center affiliated with the Kelso Church of Truth from locating in an area zoned as pedestrian retail. The court held that the zoning regulations did not impose a substantial burden under RLUIPA on Victory Center's religious exercise, but that a factual question remains as to whether the city violated the equal terms provisions of RLUIPA in treating Victory Center differently than secular educational and cultural institutions. The court rejected Victory Center's 1st and 14th Amendment claims as well as its state constitutional claims. It also found that the city's community development director had qualified immunity.