3rd Circuit: Preachers' Civil Rights Suit Dismissed On Immunity Grounds

In Karns v. Shanahan, (3rd Cir., Jan. 11, 2018), t U..S. 3rd Circuit Court of Appeals affirmed the dismissal of a civil rights damage action brought by two evangelical Christian ministers who were arrested for preaching on an NJ Transit train platform without the required permit.  In a 2-1 decision, the court held that NJ Transit is an arm of the state and thus has 11th Amendment immunity.  The 3-judge panel agreed unanimously that the police officers who were also sued have qualified immunity.  WHYY News reports on the decision.

New Jersey Township Reverses Moves That Were Aimed At Excluding Orthodox Jews

According to JTA, as a strategic response to a lawsuit filed against it in October (see prior posting), the Mahwah, New Jersey Township Council last week voted to rescind an ordinance that banned out-of-state residents from using Township parks and passed a resolution withdrawing a proposed ordinance that would have prevented the construction of an eruv. (Dec. 14 Meeting Agenda).  Legal counsel had recommended the move in the face of charges that the Township was attempting to prevent Orthodox Jews from moving into the area.

Suit Over Mosque Settlement Remanded To State Court

Litigation over site plan approval for construction of a mosque in Bernards Township, New Jersey continues. In May, the Township reached settlements with the Islamic Society of Basking Ridge and with the U.S. Justice Department under which the Township will permit the mosque to be built. (See prior posting.) However, township residents continue to challenge the settlement. (See prior related posting.)  One of the suits contends that proper notice was not given of the meetings that approved the settlements.  That suit was originally filed in state court, but removed to federal court by defendants.  Now in Smith v. Township of Bernards, (D NJ, Nov. 29, 2017), the New Jersey federal court to which the case was removed has remanded the case to state court.  It found that the suit does not raise any federal law issue, even though one of the settlements was incorporated into a federal court order. Thomas More Law Center issued a press release announcing the court's decision.

Court Strikes Down Health Clinic Buffer Zone

In Turco v. City of Englewood, New Jersey, (D NJ, Nov. 14, 2017), a New Jersey federal district court struck down as overbroad a city ordinance creating an 8-foot buffer zone around health care and transitional facilities.  The ordinance was a response to militant activists and aggressive protesters who congregated outside an Englewood abortion clinic. The court said in part:

Defendant created a sweeping regulation that burdens the free speech of individuals, not just in front of the Clinic, but at health care and transitional facilities citywide. To meet the narrowly-tailored requirement, Defendant must create an Ordinance that targets the exact wrong it seeks to remedy.

Liberty Counsel issued a press release announcing the decision.

Public Shelter's "Blessing of the Animals" Challenged In Court

An Atheist group last week filed suit in a New Jersey federal district court challenging a county-run animal shelter's hosting for the second year in a row of a Blessing of the Animals event.  The complaint (full text) in American Atheists, Inc. v. Bergen County, (D NJ, filed 11/13/2017), objects to the use of public resources and employee time to promote and host a ritual that is performed by Franciscan clergy annually in honor of St. Francis of Assissi. Plaintiffs claim that the county has violated the Establishment Clause, the Equal Protection Clause and several provisions of the New Jersey Constitution.  American Atheists issued a press release announcing the filing of the lawsuit.

Township In Litigation With Indian Tribe Over Use of Prayer Grounds

In Mahwah, New Jersey, where most of the attention is on a lawsuit claiming that the township is attempting to keep out Orthodox Jews (see prior posting), NJ Advance Media reports on another trial under way also involving religious rights.  The township is attempting to force the Ramapough Lenape Indian Tribe to remove teepees and other structures the tribe erected on their 13.6 acre prayer ground on the Ramapo River at the base of a high-priced housing development. the tribe says the township is trying to criminalize its religious gatherings.  The township argues that the issue is zoning compliance in a conservation zone and flood plain. It says the tribe has created a camp ground that is not permitted under zoning regulations.

New Jersey Sues Township Over Attempts To Exclude Orthodox Jews

Yesterday, New Jersey's Attorney general filed a religious discrimination suit against Mahwah Township.  The complaint (full text) in Porrino v. Township of Mahwah, (NJ Super. Ct., filed 10/24/2017) is summarized in a press release from the Attorney General's Office:

Likening the conduct of Mahwah township officials to 1950s-era “white flight” suburbanites who sought to keep African-Americans from moving into their neighborhoods, Attorney General Christopher S. Porrino announced today that the State has filed a Superior Court complaint against the Mahwah Township Council and the Township of Mahwah alleging that, in an effort to stave off a feared influx of Orthodox Jewish persons from outside New Jersey, it approved two unlawfully discriminatory ordinances.

One of those ordinances discriminated by banning non-New-Jersey-residents from using Mahwah’s public parks, the State alleges. The other – an ordinance amendment – discriminated by effectively banning the posting, on utility poles, of plastic strips called “lechis” that denote the boundaries of an eruv used by Sabbath-observant Orthodox Jews. The complaint also challenges actions the township has taken to have an existing eruv removed.

[Thanks to Steven H. Sholk for the lead.] 

Trial Judge Upholds Catholic School's Refusal To Re-enroll Students After Disruptive Year

NJ Advance Media reports that a New Jersey trial court judge yesterday, in a three-hour long decision read from the bench, upheld a Catholic school's refusal to re-admit two girls for this year after their father sued the school to get one of the girls on the boy's basketball team. The judge agreed with school officials that the parents had been disruptive to the school community, saying that the court does not have the authority "to meddle" in the school's ecclesiastical decision. The Archdiocese of Newark issued a statement on the decision.

Suit Seeks To Protect Eruv In New Jersey Township

A suit was filed last week in New Jersey federal district court against the Township of Mahwah, NJ, seeking to prevent its use of a zoning ordinance that prohibits signs on utility poles as a basis to require Orthodox Jews to dismantle an eruv that was set up in a portion of the township.  The eruv, created by agreement with the local utility company, makes use of lechis (thin plastic pipes) on utility poles.  The complaint (full text) in Bergen Rockland Eruv Association, Inc. v. Township of Mahwah, (D NJ, filed 8/11/2017), contends that the township's enforcement actions target the Orthodox Jewish community's exercise of religion, and thus violates the 1st and 14th Amendments as well as RLUIPA. NorthJersey.com reports on the lawsuit. [Thanks to Steven A. Sholk for the lead.]

New Suit Challenges Settlement Agreement In Mosque Construction Dispute

As previously reported, in May a settlement was reached in a suit by the Islamic Society of Basking Ridge which charged RLUIPA violations, as well as violations of the 1st and 14th Amendments, in Bernards Township, New Jersey's refusal to grant site plan approval for construction of a mosque.  As part of the settlement agreement (full text), the parties agreed that a Planning Board hearing on the agreement and related mosque construction will be held, and that, among other things, at the hearing "No commentary regarding Islam or Muslims will be permitted." Now a federal lawsuit has been filed challenging this provision of the settlement agreement.  The complaint (full text) in Quick v. Township of Bernards, (D NJ, fled 7/31/2017) alleges that the commentary ban  suppresses speech based on its content; amounts to a prior restraint; violates the Establishment Clause by favoring Islam; and deprives township residents of procedural due process.  Thomas More Law Center issued a press release announcing the filing of the lawsuit.

Church Youth Group Covered By Megan's Law

In State v. S.B., (NJ Sup. Ct., July 20, 2017), the New Jersey Supreme Court held that a youth ministry associated with a church is a "youth serving organization" under Megan's Law. That law prohibits sex offenders whose victims were minors from participating in any way in these youth organizations.  The court emphasized it was deciding a question of statutory interpretation and that no constitutional issue was raised by the parties.  In the case, the defendant whose sexual assault convictions took place in 1991 was a volunteer youth leader, counselor, mentor, and chaperone for children ages 12- 17 in the church's No Limits Youth Ministry. NJ.com reports on the decision.

Welfare Fraud Arrests Trigger Anti-Semitic Incidents

The Asbury Park Press reported yesterday that the welfare fraud arrests last week of 14 Orthodox Jewish residents (including a congregational rabbi) in Lakewood, New Jersey has triggered a rash of anti-Semitism.  Anti-Jewish comments appeared on Facebook and other social media, as well as in flyers distributed around Lakewood and in a white sheet hung over a Holocaust memorial. A majority of Lakewood's 100,000 residents are Orthodox Jews.  Lakewood Police are investigating the incidents.

Settlements Reached In New Jersey Mosque Zoning Cases

The Justice Department announced Tuesday that a settlement has been reached with Bernards Township, New Jersey in the the Justice Department's Religious Land Use and Institutionalized Persons Act lawsuit over the town's refusal to grant zoning approval for construction of a mosque by the Islamic Society of Basking Ridge. Under the agreement, the town will permit the mosque to be built.  It will also amend its zoning ordinances.  A $3.25 million settlement was also reached in a suit by the Islamic Society of Basking Ridge similarly charging RLUIPA violations, as well as violations of the 1st and 14th Amendments, in the Bernards Township's refusal to grant site plan approval. The Atlantic reports on the settlements.

Suit Challenges Zoning Denial For Mosque

A suit was filed in a New Jersey federal district court yesterday claiming that the Bayonne (NJ) zoning board violated RLUIPA as well as the U.S. and New Jersey constitutions in denying a Muslim religious congregation zoning approval for construction of a mosque. The complaint (full text) in Bayonne Muslims v. City of  Bayonne, (D NJ, filed 5/25/2017) alleges in part:

Plaintiffs applied to the Zoning Board for routine variances, which were needed to convert a decrepit, abandoned, and trash-strewn warehouse on a blighted street into a vibrant community mosque. Plaintiffs then endured years of bigotry and hate crime from those opposed to the mosque. Ultimately, the Zoning Board capitulated to the community’s anti-Muslim animus and denied the application. It did so even though it had previously granted indistinguishable variances to Christian churches. The Zoning Board violated both federal and state law to achieve its desired outcome.

Jersey Journal reports on the lawsuit.

Muslim Student Sues Claiming Grade Was Result of Religious Discrimination

NJ Advance Media reported yesterday on a religious discrimination lawsuit filed by a Union County College Muslim student.  Plaintiff Sahna ElBanna claims that her business professor, Toby Grodner, gave her an "F" in a course in which she earned A's on exams that count for 60% of the grade. The professor says ElBanna received F's on multimedia assignments that comprised the remaining 40% of her grade. ElBanna claims that Grodner made derogatory comments about Muslims in class-- using the terms "Muslim" and "terrorist" interchangeably, and questioning her about her religion.

N.J. Governor Conditionally Vetoes Total Ban On Marriage of Minors, Citing Religious Traditions

New Jersey Governor Chris Christie on May 11 vetoed Assembly Bill 3091 which would have placed an absolute ban on issuing of marriage or civil union licenses to persons under 18 years of age. His Conditional Veto message (full text) sent the bill back with recommendations for reconsideration.  the message said in part:

New Jersey law currently permits the issuance of these licenses to 16 and 17 year-olds with parental consent and to persons below age 16 with both parental consent and judicial approval....

I am recommending that this bill be amended so that a marriage license no longer be issued for a person under the age of 16.

I also would require judicial approval for the issuance of a marriage license to persons who are age 16 and 17....

An exclusion without exceptions would violate the cultures and traditions of some communities in New Jersey based on religious traditions. Judicial oversight would permit consideration of these factors in the 16 and 17 year old timeframe.

According to Politico, "almost 3,500 marriages involving at least one partner under 18 took place in New Jersey from 1995 to 2012. Of those, 163 involved at least one spouse 15 or younger. Most were religious arranged marriages."

Suit Over War Memorial Depicting Cross Is Settled

The American Humanist Association announced on Thursday that a settlement has been reached in  American Humanist Association v. Borough of Roselle Park.  In the case, plaintiffs brought an Establishment Clause challenge to a war memorial on public property depicting a soldier kneeling over a grave marked by a Christian cross. (See prior posting.) The city took down the memorial after the lawsuit was filed.  Under the settlement agreement, the city agreed it will not erect the same display or a similar one in the future.

Suit Challenges Zoning Laws As Discriminatory Against Orthodox Jews

Agudath Israel of America filed suit this week in a New Jersey federal district court contending that zoning ordinances enacted this year by the Township of Jackson, New Jersey were motivated by discriminatory animus against the Orthodox Jewish community and were designed "to prevent that community from being able to have the necessary educational institutions to teach their youth, and to discourage that community from residing in Jackson Township."  The complaint (full text) in Agudath Israel of America v. Township of Jackson, New Jersey, (D NJ, filed 5/8/2017), alleges in part:

The Ordinances are the latest action taken by the Township in a long campaign to erect a wall on its border with Lakewood Township, where many Orthodox Jews live, in order to discourage them from moving into Jackson. Its Mayor has told residents “Don’t sell” to the Orthodox Jewish community, its Township Council President said that a suggestion that Orthodox Jews move into communities such as Jackson was “reprehensible”....

The Lakewood Scoop reports on the lawsuit.

Case Charging HUD With Antisemitism In Investigation Moves Ahead

In Township of Lakewood, New Jersey v. Castro, (D NJ, April 3, 2017), a New Jersey federal district court refused to dismiss on the pleadings a lawsuit against the Department of Housing and Urban Development alleging that its investigation of the housing assistance program in Lakewood, New Jersey reflected hostility toward Jews and the practice of Orthodox Judaism. Among other things, the court found that "Plaintiffs’ allegations plausibly suggest HUD’s conduct imposed a substantial burden on Plaintiffs’ exercise of their faith, in violation of the RFRA...." HUD's action ultimately resulted in administration of housing funds being transferred away from Lakewood.

NJ Tax Court Says Church Had Not Stopped Using Area For Religious Purposes

In Holy Trinity Baptist Church v. City of Trenton Block 26802, Lot 4, (NJ Tax Ct., Feb. 7, 2017), the New Jersey Tax Court held that the County Board of Taxation was wrong in concluding the the second floor of a church building was no longer being used for religious or charitable purposes. The court said in part:

the evidence as a whole shows that the second floor was being used for the Church's youth and member meetings albeit on a declining level due to the plaintiff's acquisition of another property. The declining frequency of such events or the undisputed fact that the Subject was being offered for sale, and the second floor was being prepared for such sale, do not establish non-use or abandonment of use of the second floor for plaintiff's tax exempt purposes.

JD Supra Business Advisor has analysis of the decision.