In Thai Meditation Association of Alabama, Inc. v. City of Mobile, Alabama,(11th Cir., Oct. 2, 2023), the U.S. 11th Circuit Court of Appeals partly reversed the summary judgments entered in favor of the city of Mobile at the district court level. At issue is Mobile's denial zoning approval for a Buddhist organization to use a house in a residential district for religious purposes. The appeals court held that neither party is entitled to summary judgment under RLUIPA because of factual disputes. It held that the district court correctly dismissed plaintiff's Free Exercise claim because the zoning designation process is neutral and generally applicable. It held however, that the Buddhist organization is entitled to an injunction under the Alabama Religious Freedom Amendment to the state constitution, saying in part:
To begin, we have never held that neighborhood character or zoning are compelling government interests sufficient to justify abridging core constitutional rights.... ... [A]mici also note that generalized, high-level invocations of “zoning” are often used to target minority faith’s land use applications.... These concerns underscore why it is necessary to hold government entities to their burden to state and support a well-defined government interest.
Here, the City has failed to carry its burden to demonstrate a compelling government interest. The generalized invocations of neighborhood character and zoning fail as a matter of law under our precedents. The City’s invocation of traffic concerns fare slightly better..., but they are unsubstantiated in the record....
