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.