In Temple of 1001 Buddhas v. City of Fremont, (ND CA, March 4, 2022), a California federal district court dismissed a suit by a Miaolan Lee who lives on property owned by the Temple of 1001 Buddhas challenging the city's enforcement of the state's building, electrical and plumbing codes. Among others, the court dismissed plaintiff's free exercise and RLUIPA claims, saying in part:
Although the code enforcement does not permit her to use (for any purpose) the three buildings that are in severe noncompliance, Lee can exercise her religion elsewhere on her property. The code enforcement does not at all “coerce [her] into acting contrary to [her] religious beliefs or exert substantial pressure on [her] to modify his behavior and to violate [her] beliefs.” ...
Lee argues that the City violated RLUIPA when West “instruct[ed] Plaintiff Lee that she could only pray on the property in the main house or in the dome Meditation Hall and nowhere else on the Real Property.” ... Lee contends that this act was “an implementation of a land use regulation.”... [T]he Court now concludes that Lee does not state a claim on this basis because Lee does not plausibly allege that this remark constituted the “application of a zoning or landmarking law” within the meaning of RLUIPA.
