In
Christian Fellowship Centers of New York, Inc. v. Village of Canton, (ND NY, March 29, 2019), a New York federal district court granted a preliminary injunction, holding that Canton (NY) violated the "equal terms" provision of RLUIPA when it refused to permit a church to locate in a district zoned commercial. The court described the challenged zoning law:
Section 325-11 ... of the Canton Village Code prohibits houses of worship from operating in the downtown zone even though it permits not-for-profit organizations to use nearby properties to meet for secular purposes....
In barring its enforcement against the church, the court said in part:
First, the Ordinance treats religious assemblies less well than secular assemblies that have equivalent impacts on its purposes. Second, the “formal differences” relied on by the Village do not trump the “practical” similarities between churches and the secular organizations the Ordinance treats more favorably.... And third, no compelling interest justifies the unequal treatment.
The court rejected the village's argument that churches could be excluded because the state liquor control laws prevented bars from locating within 200 feet of a church.
