In
OT, LLC v. Harford County, Maryland, (D MD, Sept. 23, 2019), a Maryland federal district court refused to grant summary judgment to either side on almost all the claims by a Muslim group seeking permits to construct a community center. Plaintiffs contend that delays in approval were motivated by religious discrimination in violation of various constitutional and statutory provisions and imposed a substantial burden on their free exercise of religion in violation of RLUIPA. The court said in part:
Importantly, “a government decision influenced by community members’ religious bias is unlawful, even if the government decision makers display no bias themselves....
Here, Plaintiffs contend that the sequence of events leading up to the County’s decision, departures from the County’s normal procedures, and contemporary statements by County decision-makers demonstrate that County Defendants’ actions were motived by the community’s anti-Muslim beliefs....
Conversely, County Defendants maintain that their decisions here were motivated by their desire to conform to existing practices and the County Code....
[T]he Court concludes that there is a genuine dispute of material fact as to the intent of the County Defendants....
The court similarly concluded that there was a genuine dispute of fact on whether the delay imposed a substantial burden on plaintiffs' right of religious exercise.
