As New Year’s approaches, let’s look back at last year’s happenings and how they have shaped religious land use issues across the nation. Here are our top 10 most read blog posts of 2018:
The holidays are upon us. That means spending time with loved ones, good food, presents, and, of course, controversial holiday displays. Under the First Amendment, government must treat all religions equally and cannot take any action that would unreasonably burden religious exercise unless it has a compelling reason to do so. Sometimes, local governments receive requests for provocative holiday displays on public grounds. Other times, they may receive complaints to take action to prevent over-the-top private holiday displays. In each instance, local governments might feel as though their hands are tied under the First Amendment to do anything but allow the displays. While nothing will ever quite live up to that one haunted house worker in Ohio who used zombies to create a nativity scene, baby-fanged Jesus and all (read more here), below are some of our favorite stories for 2018.
Continue Reading Tis The Season for Controversial Holiday Displays
Recently, the Department of Justice reported that it has closed its investigation into whether the City of Coconut Creek’s zoning code violated RLUIPA’s equal terms provision by treating secular assembly uses better than religious uses. Below is the DOJ’s full press release:
On December 4, the Department of Justice closed its investigation of the City of Coconut Creek, Florida under the Religious Land Use and Institutionalized Persons Act (RLUIPA), after the City changed its zoning code to treat houses of worship equally with nonreligious assemblies.
The Department opened an investigation in 2016 into the City’s treatment of churches and other houses of worship in its zoning code. At the time, nonreligious assemblies such as dance and martial arts studios, fitness clubs, and childcare facilities were allowed to operate as of right in business districts, while houses of worship in these districts were required to obtain special land use permits to operate.
Continue Reading Coconut Creek, Florida Amends Zoning Code Following DOJ’s RLUIPA Investigation
The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Planning, Law, and Plain English on November 1, 2018 from 1:00 p.m. to 2:30 p.m. EDT. Registration for individual PLD members is $20 and $45 for non-members. Registration for two or more people at one computer is $140.
Earlier this week, the U.S. Court of Appeals for the Sixth Circuit issued a decision in Tree of Life Christian Schools v. City of Upper Arlington concerning a religious school’s RLUIPA equal terms challenge. The decision is the third time in the past five years that the Sixth Circuit has considered the dispute (our prior posts about the case are available here and here). The recent decision is noteworthy because the Sixth Circuit created a new test (or, at least, a new name for an existing test) to examine claims brought under RLUIPA’s equal terms provision. Under the equal terms provision, “No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.” 42 U.S.C. § 2000cc(b)(1). Courts considering equal terms claims have struggled with what constitutes “equal” treatment. The Sixth Circuit noted that “This language provides no guideposts for what Congress meant by the term ‘equal.’” According to the Sixth Circuit, a plaintiff may prevail on an equal terms challenge if it identifies a nonreligious use that is similarly situated to a proposed religious use based on “legitimate zoning criteria” with respect to the zoning regulation at issue. The Sixth Circuit’s decision is also significant because it determined that revenue generation, even in the form of taxes levied against property users and their employees, is a legitimate zoning criteria. In applying this standard, the Sixth Circuit rejected Tree of Life Christian School’s (“TOL”) equal terms challenge for failing to establish that a nonreligious use was treated better than TOL’s proposed religious school.
Continue Reading Sixth Circuit Creates New RLUIPA Equal Terms Test Based On “Legitimate Zoning Criteria”
Back in 2015, we first reported about a RLUIPA case pitting the County of Maui, Hawaii against practitioners of “Integral Yoga” (prior post available here). Integral Yoga is a worldwide religious organization established in the U.S. in 1966 that believes “the goal and the birthright of all individuals is to realize the spiritual unity behind the diversity throughout creation and to live harmoniously as members of ‘one universal family.’” Maui’s Planning and Zoning Commission (the “Commission”) has repeatedly denied the efforts of Frederick R. Honig, also known as Swami Waroopananda (“Honig”), and Spirit of Aloha Temple (the “Temple”) to use an 11-acre site on Haumana Road in Haiku, Hawaii (the “Property”) for Integral Yoga and other related religious uses. Honig (a Senior Minister of the Temple) describes the Property, which is zoned for agricultural and conservation purposes, as the “most perfect property” in the world. A federal court issued a ruling earlier this summer denying the parties’ cross-motions for summary judgment, meaning the case may be headed for trial.
Continue Reading Court Denies Summary Judgment in “Integral Yoga” RLUIPA Dispute in Hawaii
A federal court in Minnesota has issued a preliminary injunction in favor of a local church ministering to the homeless, ruling that the church was likely to prevail on its RLUIPA substantial burden and First Amendment free speech claims. The injunction will prevent St. Paul, Minnesota from enforcing 2 of the 14 conditions it imposed on the church’s use of its property to aid the needy. The church, First Lutheran Church (“First Lutheran”), operates in a residential area of St. Paul and, for over the past decade, has supported the poor and homeless in accordance with its religious beliefs. Among the services provided by First Lutheran are Sunday breakfasts to more than 300 people, as well as a “wellness center” one night a week offering free medical services, mental health counseling, clothing, blankets and houseware, and a hot meal. In 2017, First Lutheran partnered with another organization assisting St. Paul’s homeless as a day shelter and community center, Listening House of St. Paul (“Listening House”), and allowed Listening House to relocate to the church property. The partnership allowed First Lutheran to expand its services beyond the local neighborhood to St. Paul generally.
Continue Reading Church Ministering To Homeless Secures Preliminary Injunction Against St. Paul, Minn. For Likely RLUIPA And Free Speech Violations
The United States Court of Appeals for the Third Circuit has ruled against a Roman Catholic group challenging the use of their land in connection with an interstate natural gas pipeline. The Adorers of the Blood of Christ (“Adorers”) is “an ecclesial group of women living in community … whose religious practice includes protecting and preserving creation, which they believe is a revelation of God.” They believe that “God calls humans to treasure land as a gift of beauty and sustenance that should not be used in an excessive or harmful way.” The Adorers own land in Columbia, Pennsylvania used to sponsor the St. Anne’s Retirement Community and for growing crops by local farmers. In February 2017, the Federal Energy Regulatory Commission (“FERC”) issued an order authorizing the construction and operation of 199.5 miles of new pipeline in Pennsylvania connecting to existing pipelines running to South Carolina. The pipeline project will reportedly supply gas to more than 7 million American homes. The Adorers’ land was to be included as part of the pipeline project, and FERC issued an order authorizing the taking of the Adorers’ property by eminent domain for the project, if necessary.
Continue Reading Nuns Lose Interstate Natural Gas Pipeline Challenge
The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Rules of the Game: A Framework for Fair & Effective Zoning Hearings on July 26, 2018. Registration for individuals is $20 for PLD members and $45 for non-members. Registration for two or more people at one computer is
The Second Circuit recently issued a Summary Order in Islamic Community Center for Mid Westchester v. City of Yonkers Landmark Preservation Board (2d Cir. 2018) detailing what zoning relief a plaintiff must seek at the local level before filing suit. The case involved the Islamic Community Center of Mid Westchester’s (ICCMW) claims that it had been the target of religious discrimination when the property it purchased to develop with a mosque was designated as a landmark by the City of Yonkers Landmark Preservation Board. Four months later, ICCMW sued, alleging the landmark designation violated its First Amendment right to the free exercise of religion and RLUIPA.
The Second Circuit affirmed the district court’s dismissal for lack of subject matter jurisdiction (also known as “ripeness”), since ICCMW did not apply for a certificate of appropriateness to develop the property as a mosque.
Continue Reading Second Circuit: Islamic Group’s RLUIPA Claims Not Ripe Under Williamson County