On June 20, the United States District Court for the Western District of Washington ruled that the City of Seattle violated the Religious Land Use and Institutionalized Persons Act’s (RLUIPA) equal-terms provision by requiring a Catholic high school to apply for a variance to put up 70-foot high light poles for its athletic field in
Threat of RLUIPA Suit Prompts Plano, Texas to Revoke Cease & Desist Order Against Church Serving Women & Children in Need
On May 7, the City of Plano, Texas issued a cease and desist order to Agape Resource and Assistance Center, Inc., alleging that Agape was in violation of the City’s zoning ordinance (read the order here). A month later, the City revoked the order after Agape sent the City a demand letter threatening to
Justice Scalia Dissents from SCOTUS Cert Denial in Big Religion Case; Interprets Town of Greece Decision
On June 16, the U.S. Supreme Court denied certiorari in Doe 3 v. Elmbrook School District (7th Cir. 2012), in which the U.S. Court of Appeals for the Seventh Circuit, in a 7-3 en banc decision, found that two Wisconsin high schools had violated the Establishment Clause by holding their graduation ceremonies in a non-denominational
Church Obtains Restraining Order to Allow Ministry to Homeless
On May 23, we reported about the lawsuit filed by Harbor Missionary Church against the City of San Buenaventura, California over the City’s denial of Harbor’s application for a conditional use permit to allow it to continue providing free food and other services to the poor and homeless from its property. Harbor alleges that the
County Wins RLUIPA/Terrorism Case: U.S. Supreme Court Declines Review of Fisher v. Rutherford County Regional Planning Commn
On May 27, we reported on the petition for a writ of certiorari (Docket No. 13-1214) filed by opponents of the Islamic Center of Murfreesboro (“ICM”). They sought review of a Tennessee Appellate Court decision that reversed the trial court’s ruling that the Rutherford County Regional Planning Commission violated notice requirements for the meeting at
Lawsuit Challenging Ten Commandments Monument at Oklahoma Capitol Can Proceed, Says Federal Court
A case to watch out of Oklahoma – American Atheists, Inc. v. Thompson, No. CIV-14-42-C (W.D. OK 2014) – involves a lawsuit brought by an atheist group challenging the placement of a 2,000 pound Ten Commandments monument on the grounds of the Oklahoma State Capitol. American Atheists, Inc. contends that the placement of the
Georgia City Amends Zoning Ordinance in Response to Department of Justice Investigation
The following is reported by the U.S. Department of Justice in its newsletter Religious Freedom in Focus (May 2014, Vol. 60).
In response to a Department of Justice investigation under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the City of Eatonton, Georgia voted on May 19 to allow churches and other places
RLUIPA & Eminent Domain City of Orlando to Take Church Property to Construct Major League Soccer Stadium
The City of Orlando, Florida has filed an eminent domain suit to acquire property owned by a church as part of its plan to construct an $85 million soccer stadium for a Major League Soccer expansion franchise. Although negotiations between the City and the church are ongoing, the City filed suit – City of Orlando
Church Prepared to Battle Boards Approval of Dog Kennel
A dispute is heating up in Hilton Head, South Carolina between a church and a dog kennel that has been described as a “dog hotel.” The Church of Christ of Hilton Head plans to appeal the Board of Zoning Appeals’ approval of a special exception to permit a dog kennel on property that abuts and
RLUIPA & Terrorism in Tennessee Rutherford County Responds to Murfreesboro Mosque Opponents United States Supreme Court Cert Petition
Opponents of the Islamic Center of Murfreesboro’s (ICM) 52,000 square foot facility, consisting of a mosque and spaces for religious education, counseling, and other activities, on a 15-acre parcel in a residential district are asking the U.S. Supreme Court to review the decision of the Tennessee Appellate Court upholding the Rutherford County Regional Planning Commission’s