Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, May 04, 2013
No RLUIPA Violation In Zoning Denial For Faith-Based Treatment Facility
In Candlehouse, Inc. v. Town of Vestal, New York, (ND NY, May 3, 2013), a New York federal district court rejected a claim by Candlehouse Teen Challenge, a Christian non-profit organization, that the Town of Vestal violated RLUIPA in refusing to waive or change its zoning rules. Candlehouse sought to use residentially-zoned property for a Christian faith-based residential treatment facility for young women struggling with addiction or emotional disorders. The court concluded that Candlehouse had not shown a close nexus between the denial of its proposed use of the property as a residence for more than 5 unrelated people and its exercise of religion. However the court allowed Candlehouse to move ahead with claims under the Americans With Disabilities Act and the federal Fair Housing Act alleging intentional discrimination and lack of reasonable accommodation.