Wednesday, September 12, 2018

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.