Suit Challenges Zoning Ban On Tarot Reading

A lawsuit was filed yesterday in a Virginia federal district court alleging that the Town of Richlands, Virginia violated plaintiff's rights in refusing to amend its zoning ordinance to allow him to operate a Tarot reading business in the town. The complaint (full text) in Mullins v. Town of Richlands, Virginia, (WD VA, filed 4/4/2019) alleges in part:

4.... Town of Richlands’ officials have used the Town’s licensing and zoning scheme to prohibit Mr. Mullins from reading Tarot as part of his business because of their disapproval of his religious views and practices.

5. Defendants’ effective prohibition on Tarot reading as part of Mr. Mullins’ business constitutes viewpoint discrimination and is an unconstitutional prior restraint.... Defendants further violate Mr. Mullins right to free exercise of religion .... Finally, Defendant Town of Richlands’ licensing and zoning scheme imposes a substantial burden on Mr. Mullins’ religious exercise in violation of RLUIPA and the Virginia Religious Freedom Act.

The complaint describes the hearing on plaintiff's zoning application:

Several local residents admonished the Town Council against amending the zoning ordinance by citing biblical scripture and warning of dire spiritual consequences for the Town if it allowed fortune telling in Richlands.

WSLS News reports on the lawsuit.

Court Says RLUIPA Claims By Mosque May Proceed

In Adam Community Center v. City of Troy, (ED MI, April 3, 2019), a Michigan federal district court refused to dismiss RLUIPA substantial burden, discrimination and unequal treatment claims brought against the city of Troy, Michigan and various of its zoning officials.  At issue was the city's denial of a zoning variance for setback requirements that would have allowed Adam Community Center to use an existing commercial building as a mosque. The court said in part:

Here, Plaintiff’s complaint sufficiently states a substantial burden claim. Plaintiff alleges that it cannot conduct prayer services in its current facility, that there are no Muslim places of worship within the City for Plaintiff and its community members to practice their religion, that there are no other properties available in the City that satisfy the City’s zoning requirements for places of worship, and that not having a place of worship within the City poses a substantial burden on its ability to engage in religious exercise. Plaintiff also alleges facts, which if true, would support its theory that the City acted with discriminatory intent and treated Plaintiff differently from other faith based organizations. Plaintiff specifically alleges that the zoning laws have not been applied neutrally to it and that commercial businesses and Christian churches are treated more favorably.

Detroit News reports on the decision.

Christian School Challenges Zoning Requirement

A suit was filed this week in a Florida federal district court challenging the denial of a zoning exception that would allow continued operation of a small Christian school that serves primarily children with learning disabilities and children from underprivileged homes. The complaint (full text) in Englewood Church of the Nazarene, Inc. v. Sarasota County, Florida, (MD FL, filed 3/25/2019), alleges violations of RLUIPA, the 1st and 14th Amendments and Florida's Religious Freedom Restoration Act. After the school had been operating in a church's building for more than three years, the county demanded that it seek a special exception to continue its operation and levied daily fines on the school. The school spent $10,000 to complete the application, only to have the special exception denied. ADF issued a press release announcing the filing of the lawsuit.

Pagan Temple Can Move Ahead With Its RLUIPA Claim

In Yetto v.City of Jackson, (WD TN, Feb. 5, 2019), the founders of a Pagan Temple in Jackson, Tennessee sought a declaratory judgment that the city's zoning ordinance does not apply to the type of religious gatherings held by them at their home.  They also sought an injunction against enforcement of the zoning ordinance against them.  A Tennessee federal district court dismissed their Section 1983 Free Exercise claim on statute of limitations grounds. However the court refused to dismiss their RLUIPA "equal terms" claim as well as their claim that their gatherings do not fall under the term "churches or similar places of worship" as used in the city's zoning ordinance.

4th Circuit Allows Church To Move Ahead With Challenges To Zoning Denial

In Jesus Christ Is the Answer Ministries, Inc. v. Baltimore County, Maryland, (4th Cir., Feb. 7, 2019), the U.S. 4th Circuit Court of Appeals, reversing a Maryland federal district court, refused to dismiss a church's complaint regarding zoning denials that prevented it from operating a church on land that its pastor had purchased. The court held that plaintiffs had sufficiently alleged a substantial burden on their religious practice and discrimination based on religious denomination under RLUIPA. The court said in part:

Particularly relevant to this case, a government decision influenced by community members’ religious bias is unlawful, even if the government decisionmakers display no bias themselves.

The court also vacated the lower court's dismissal of plaintiffs' free exercise, equal protection and state constitutional claims. [Thanks to Will Wsser via Religionlaw for the lead.]

Settlement Reached In Church's Suit Over Homeless Shelter Restrictions

Twin Cities Pioneer Press reports that on Wednesday the St. Paul, Minnesota City Council approved a settlement in a lawsuit filed against it by First Lutheran Church over hosting Listening House, a day shelter for the homeless, in the Church's basement.  Last July, a federal district court issued a preliminary injunction as to two of the conditions imposed on the use. (See prior posting.) A settlement was reached with Listening House in December. Under this week's settlement with the Church, the city agrees to alert religious institutions on its zoning forms of their RLUIPA rights, and to conduct a study of better procedures for land use applications by religious institutions. [Thanks to Evan Berquist for the lead.]

RLUIPA Suit By Chabad Challenges Demolition Order

The Baltimore Sun reports that a lawsuit was filed yesterday in a Maryland federal district court by the Chabad House serving Goucher College and Towson University alleging that authorities violated the Religious Land Use and Institutionalized Persons Act in requiring that a 2016 expansion of the Chabad House be razed because it violates a land covenant. State courts have given Chabad until mid-January to set aside funds to comply with the demolition order. According to the Sun:

In the lawsuit, Friends of Lubavitch alleges that Baltimore County officials required Chabad to take part in unnecessary hearings and issued citations that were without merit. The suit also says officials falsely claimed Chabad was operating as a “community center” instead of a residence because the Rivkins were hosting students for Shabbat dinners and Jewish instruction.

Hasidic Jewish School Sues For Right To Expand

A lawsuit was filed this week in a New York federal district court against the Village of Airmont charging that the village and its school board are engaged in a coordinated effort to prevent the local Hasidic Jewish community from expanding a religious school which operates on a 21-acre piece of land.  The 75-page complaint (full text) in Central UTA of Monsey v. Village of Airmont, New York, (SD NY, filed 11/28/2018), claims violations of RLUIPA, the 1st and 14th Amendments and the New York state constitution, contending:

Village officials have attempted to place a cap on the total number of Hasidic Jewish children that may be educated at Central UTA's Hasidic Jewish religious school, angry protesters have prevented a meeting of the Planning Board to consider Central UTA's application to build two new school buildings from occurring, and Village officials' political campaign advertisements paint an apocalyptic picture of what will happen if their opponents who support the rights of the Hasidic Jewish community are elected....

Defendants are using their political policymaking and enforcement authority to use the Village's zoning laws and ordinances to prevent and dissuade Hasidic Jews from joining their community and denying those families that have moved to the area their rights to school services that are guaranteed under the law.

First Liberty issued a press release announcing the filing of the lawsuit.

Buddhist Center Can Proceed On Some Challenges To Zoning Denial

Thai Meditation Association of Alabama, Inc. v. City of Mobile, Alabama, (SD AL, Sept. 28, 2018), is a challenge to the city's denial of zoning applications to construct a Buddhist meditation center in a residential district. The court denied summary judgement to either side on plaintiff's RLUIPA nondiscrimination and Equal Protection claims. The court said in part:

Defendant’s primary assertion is their Planning Approval decision was based on the poor compatibility of Plaintiffs’ proposed meditation complex within a single family neighborhood, not bias towards Plaintiffs’ religion or practice of meditation.... While this argument supports the level of discretion Defendant claims to possess, Defendant’s evaluation of Plaintiffs’ Applications is riddled with inclinations of discrimination.

The court granted summary judgment to defendant on several of plaintiff's other challenges, including its RLUIPA substantial burden and RLUIPA equal terms claims and its 1st Amendment free exercise claim.

In 6th Circuit: Christian School Loses RLUIPA Equal Terms Challenge

In Tree of Life Christian Schools v. City of Upper Arlington, Ohio, (6th Cir., Sept. 18, 2018), the U.S. 6th Circuit Court of Appeals in a 2-1 decision held that a private Christian school had failed to establish a prima facie case under the "equal terms" provision of the Religious Land Use and Institutionalized Persons Act.  At issue was the prohibition in Upper Arlington's zoning master plan of the operation of schools-- both secular and religious-- in the area zoned as an office and research center district.  The majority held that the ordinance is "no more onerous to Tree of Life than it is to nonreligious entities that generate comparably small amounts of revenue for the City."  Judge Thapar dissented, arguing that the majority was incorrect in holding that comparator institutions under RLUIPA's equal terms provision must be "similarly situated" in regard to legitimate zoning criteria. Columbus Dispatch reports on the decision. [Thanks to Tom Rutledge for the lead.]

RLUIPA Challenge By Catholic High School To Stadium Lighting Rules Rejected

In Marianist Province of the United States v. City of Kirkwood, (ED MO, Sept. 7, 2018), a Missouri federal district court rejected a RLUIPA challenge to a Missouri city's zoning regulation of pole mounted lights in outdoor sports fields.  The challenge was brought by Vianney High School, a Catholic Marianist institution. The court held in part:

Vianney has not demonstrated that its ability to use the lights and sound system constitute a "religious exercise" or that its inability to use the lights and sound system constitutes a "substantial burden" on its religious beliefs.

The court also rejected the school's RLUIPA "equal terms" claim and various state law challenges.

Court Refuses To Dismiss Church's Challenge To Zoning Conditions For Homeless Shelter

In First Lutheran Church v. City of St. Paul, (D MN, Aug. 8, 2018), a Minnesota federal district court allowed a church located in a residential are of St. Paul to move ahead with a variety of challenges to conditions imposed on its partnering with a homeless shelter. Plaintiff claimed that the conditions, among other things, violate its rights under RLUIPA, the 1st Amendment, the equal protection clause and provisions of the Minnesota constitution. However the court did dismiss it substantive due process challenge. The court had previously granted a preliminary injunction as to two of the conditions.

Church's RLUIPA Zoning challenge Can Move Ahead

In Redemption Community Church v. City of Laurel, Maryland, (D MD, Aug. 8, 2018), a Maryland federal district court refused to dismiss a lawsuit brought by a small Christian church challenging the city's zoning regulations that require houses of worship located on less than one acre in a commercial zone to obtain a special zoning exception.  The church planned to operate a non-profit coffee house and a house of worship from the same property. The court held that the church had adequately stated claims for violation of RLUIPA's equal terms and non-discrimination provisions as well as various provisions of the 1st and 14th Amendments.

Challenge To Settlement In Mosque Zoning Case Is Dismissed

In Youkhanna v. City of Sterling Heights, (ED MI, Aug. 1, 2018), a Michigan federal district court dismissed a lawsuit challenging a consent decree approved by the Sterling Heights City Council growing out of a dispute over zoning approval for a mosque. (See prior posting.) The consent decree settled two related lawsuits-- one by the Islamic Center and one by the Department of Justice-- that alleged violations of RLUIPA and of the Islamic Center's free exercise rights.  An overcrowded and contentious City Council meeting preceded approval of the consent decree.  Rejecting the challenge to approval of the consent decree the court said in part:

The crux of Plaintiffs’ Complaint is that the approval of the Consent Judgment should be invalidated because the Council purportedly failed to abide by the City’s Zoning Code by neglecting to consider the discretionary standards set forth in § 25.02. Plaintiffs’ further assert that the Consent Judgment should be invalidated because the City did not comply with the notice requirements under the MZEA [Michigan Zoning Enabling Act]. Both of Plaintiffs’ arguments are without merit.

The court also rejected claims that the Michigan Open Meetings Act had been violated and that defendants' 1st, 4th and 14th Amendment rights had been infringed. The court said in part:

Plaintiffs claim their speech was impermissibly chilled when they and other audience members were limited to a two-minute speaking time, prevented from speaking critically of the Islamic faith, and removed from the meeting for being disruptive. However, ... [w]hen the government designates a limited public forum for speech, as is the case of a city council meeting, it may apply restrictions to the time, place, and manner of speech so long as those restrictions “are content neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication.”

The court had previously denied a preliminary injunction in the challenge.  Detroit News reports that defendants will appeal yesterday's ruling.

Meanwhile, according to AINA, another mosque controversy is on the horizon in Sterling Heights as a group of Pakistanis are moving ahead with plans to convert a former Lutheran church there into a mosque.

Suit Challenges Restriction On Farm's Use For Religious Activities

Yesterday's Sewickley Herald reports on a lawsuit filed in Pennsylvania federal district court on Wednesday by owners of an historic farm who are using their property to host Bible study, a worship night, religious retreats and fundraisers.  Last October, Sewickley Heights served a cease and desist order on the farm's owners, claiming that they need a zoning variance in order to host the religious activities.  The owners claim that the cease and desist order violates their rights under the First Amendment and RLUIPA.  Sewickley Heights is a small upscale residential community of estates built on rolling hills and meadows.

Muslim Group's Challenge To Landmark Designation Dismissed On Ripeness Grounds

In Islamic Community Center for Mid Westchester v. City of Yonkers Landmark Preservation Board, (2d Cir., July 6, 2018), the U.S. 2nd Circuit Court of Appeals affirmed the dismissal for lack of ripeness of a suit brought by a Muslim community center.  The city had designated as a landmark the property which the organization (ICCMW) had purchased for use as a mosque.  The court ruled that ICCMW had failed to apply for the “certificate of appropriateness” that would, if granted, enable them to move ahead with construction despite the landmark designation.

Short-Term Rental Ban Does Not Burden Rabbi's Religious Freedom

According to today's Savannah Morning News, a Savannah, Georgia state trial court judge has upheld against a religious freedom challenge Savannah's city ordinance prohibiting short-term vacation rentals in certain areas of the city.  Rabbi Arnold Belzer and his wife claim that they were acting in accordance with Jewish scripture and the tradition of hospitality in opening one bedroom in their home to guests from all over the world. The space was listed on Airbnb. The court, in ruling on a motion for a preliminary injunction, held that the zoning ordinance is not a substantial burden on the Belzers' religious freedom.

Church Sues, Surprised By Zoning Law Change

A suit was filed last week in a North Carolina federal district court by a small church challenging the zoning regulations that prevent it from using space it rented and renovated for worship services.  The complaint (full text) in At the Cross Fellowship Baptist Church Inc v. City of Monroe, North Carolina, (WD NC, filed 6/4/2018), recounts that the church leased the space after being assured by the landlord that another church had operated there in the recent past.  However, unknown to the church, an amended zoning law had been enacted in the interim which did not include churches as a permitted use there. The complaint alleges that the zoning ordinance violates its rights under RLUIPA and under the 1st and 14th Amendments.  ADF issued a press release announcing the filing of the lawsuit.

Settlement Order Entered In Chabad's Dispute With New Jersey Town

After lengthy mediation, a settlement has been reached in a lawsuit filed in 2016 by Chabad Jewish Center of Toms River, New Jersey and Rabbi Moshe Gourarie challenging Toms River's refusal to allow a Chabad Center to operate out of a large home and garage on 8 acres purchased by Gourarie in 2011. (See prior posting.)  An Order reflecting the settlement was entered in February (Chabad Jewish Center of Toms River, Inc. v. Township of Toms River, (D NJ, Feb. 5, 2018), but the settlement is just now being publicized.  As reported by Toms River Patch:

Rabbi Moshe Gourarie will be permitted to continue to hold religious gatherings at the Chabad's Church Road location, with certain stipulations.... Toms River Township must pay $122,500 to cover the Chabad's attorneys' fees, and an investigation by the federal Department of Justice into the township's zoning practices has been dropped.

Among the stipulations in the settlement are a limit of 35 individuals (in addition to family members) for most gatherings at the Center, with that number going up to 49 for six specific holidays each year.

Suit Challenges Limits On Homeless Drop-In Center

In St. Paul, Minnesota last week, Listening House, a daytime drop-in center for homeless, disadvantaged and lonely people, filed suit against the city seeking to prevent enforcement of a City Council resolution imposing unworkable limits on the operation of the center at its new home in the basement of First Lutheran Church.  The complaint (full text) in Listening House of St. Paul, Inc. v. City of St. Paul, (MN Dist. Ct., filed 4/2/2018), contends that the restrictions are arbitrary and capricious.  The Twin Cities Pioneer Press reported yesterday that First Lutheran Church has now joined as a plaintiff in the lawsuit.