In June 2025, the Justice Department instituted an investigation of alleged RLUIPA violations by the Borough of Kingston, Pennsylvania. At issue has been the application of a 2023 Kingston zoning ordinance to attempts by the Orthodox Jewish Chabad organization to locate sites for places of worship and other religious facilities for its growing population. (See prior related posting.) On Wednesday, the Justice Department announced that it had reached a settlement agreement with Kingston. To implement the agreement, the government filed a lawsuit against Kingston and along with it filed a proposed consent order (full text). The complaint (full text) in United States v. Borough of Kingston, (MD PA, filed 2/4/2026), alleges in part:
107. Kingston acted in violation of RLUIPA by “impos[ing] or implement[ing] a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.” 42 U.S.C. § 2000cc(b)(l)....
110. Kingston’s enactment and application of the 2023 Zoning Ordinance, and Kingston’s conduct described in this Complaint, constitute the imposition or implementation of a land use regulation that unreasonably limits religious assemblies, institutions, or structures within a jurisdiction in violation of RLUIPA, 42 U.S.C. § 2000cc(b)(3)(B).
The consent order requires Kingston to make various amendments to its zoning ordinance.
