Substantial Burden

Subscribe to Substantial Burden via RSS

Last week, the United States Court of Appeals for the Fourth Circuit reversed a lower court’s decision dismissing a church’s religious discrimination claims.  In doing so, the Fourth Circuit found that the church had properly alleged claims under RLUIPA based in part on the community’s ethnic bias against the church’s connection to associated church’s in Kenya, as well as the fact that many of the church’s congregants were born in Africa.  (We previously posted about the case here).
Continue Reading 4th Circuit Rules Ethnic Bias Gives Rise to RLUIPA Claim

The Seventh Circuit recently reversed a district court’s decision finding a church’s RLUIPA claims were unripe and moot because it was granted parking variances and a conditional use permit after the church brought suit.  The case involves the Church of Our Lord and Savior Jesus Christ (“Church”).  For the past 15 years, the Church has gathered at a residential home in the City of Markham’s R-3 One-Family Residential District for worship services, choir rehearsals, and Bible studies.  In 2012, as the Church’s congregation grew and its religious activities expanded, it remodeled the garage into a chapel.  The work consisted of installing a new roof, new windows, and pews at a cost of about $40,000.  Months after the Church completed this work the City of Markham brought an injunction against the Church to have the Church apply for a conditional use permit for its expanded religious activities.  The City denied the conditional use permit and the Church sued, alleging violations of RLUIPA’s equal terms, substantial burden, and unreasonable limits provisions and Illinois’ Religious Freedom Restoration Act (see our prior post about this case here).
Continue Reading 7th Circuit Rules Church’s RLUIPA Claims Against Markham, Illinois Ripe for Review

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:

…

Earlier this month, an Islamic community center filed suit against the City of Troy, Michigan (“City”) after the City denied the group’s application for a variance needed to operate a mosque at the property it owns in the City, allegedly in violation of RLUIPA. The community center, known as Adam Community Center (“ACC”), is a non-profit corporation whose “stated mission and purpose is to establish a center for increasing knowledge through proper research, education and training in the community for the youth and adults; to establish peace through proper guidance; [and] to establish a homogenous atmosphere for all ethnic groups.” According to the Complaint, ACC has attempted to have several different properties approved as a community center and a place of worship over the past five years, each time meeting resistance from the City and its residents. In 2017, in an effort to avoid further resistance, ACC sought advice from the City as to which of several prospective properties could be used as a mosque and community center. In response, a city employee allegedly advised ACC to look to other cities, because he claimed that there were no places in Troy available for a mosque. There are, however, seventy-three approved places of worship in the City for various non-Muslim religions, several of which have been built and approved since 2013 when ACC began its search.
Continue Reading Islamic Community Center Denied Variance Needed to Operate Mosque; Files Lawsuit Against Michigan City

A federal court in Maryland has denied the City of Laurel, Maryland’s (“City”) motion to dismiss a lawsuit brought by Redemption Community Church (“Church”). The Church filed suit last February, after the City issued a cease and desist order prohibiting the Church from offering religious services at the coffee shop it owns in the City’s community-village zoning district (the “CV Zone”). We previously posted about this case here.
Continue Reading Coffee Shop Church’s Claims Survive Motion to Dismiss, City Amends Code to Permit Use

Hand of Hope Pregnancy Resource Center (“Hand of Hope”) is a non-profit  in Raleigh, North Carolina with the mission to “affirm the value of life from conception by compassionately sharing the gospel of Jesus Christ[.]”  It offers clients prayer, Bible study, and spiritual counseling, as well as free reproductive healthcare information, physician-quality pregnancy testing, limited obstetrical ultrasounds, pregnancy counseling and support, post-abortion support, and life skills classes.
Continue Reading Hand of Hope RLUIPA Claims Survive Summary Judgment

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 court in Chatham County, Georgia has granted the City of Savannah’s (“City”) request for a preliminary injunction temporarily prohibiting Rabbi Arnold Belzer and his wife from operating a “short-term vacation rental” and/or a “bed and breakfast homestay” at their home on Washington Avenue in Savannah (the “Property”). In doing so, the court rejected Rabbi Belzer’s contention that, owing to sincerely-held religious belief in the Jewish practice of hospitality, an obligation found in Jewish scripture and tradition, he and his wife should be exempt from the Savannah Code of Ordinances’ prohibition on short-term rentals.
Continue Reading Rabbi Prohibited from Using Property as Short-Term Vacation Rental Under Savannah Ordinance

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

Last month, a church known as Love of Life Fellowship, Inc. (the “Church”) sued the County of Chesterfield, Virginia, alleging religious discrimination resulting from its desired acquisition and use of 38 acres at 500 Baptist Drive in Chester, Virginia (the “Property”).  The Church has used the Property for two years for religious worship and other activities, including community outreach, serving the homeless, assisting those struggling with and recovering from addiction, helping veterans, and providing youth programs.  The Church filed suit after the County sought an injunction to prevent the Church from operating at the Property.
Continue Reading Church Sues Virginia County Over Religious Discrimination Claims