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RLUIPA Free Exercise Clause

Robinson+Cole RLUIPA Defense

Eleventh Circuit Finds City of Mobile Violated Religious Freedom Laws

The United States Court of Appeals for the Eleventh Circuit recently considered a long-running religious land use dispute involving the Thai Meditation Association of Alabama (TMAA) and the city of Mobile, Alabama. The...more

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Religious Institutions Update: October 2023

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Enhanced Airport Screening Did Not Violate Free Exercise Clause In Haidari v. Mayorkas, No. 22-cv-2939 (ECT/ECW), 2023 WL 5487351 (D. Minn. Aug. 24, 2023), the court dismissed the plaintiff's claim that federal agents have...more

Robinson+Cole RLUIPA Defense

Fourth Circuit: Church Seeking to Operate as Brewery or Farm Winery Did Not State RLUIPA Claim

The Fourth Circuit has ruled against the Alive Church of the Nazarene’s claims that Prince William County, Virginia, violated the Religious Land Use and Institutionalized Persons Act (RLIUPA) by denying the Church the...more

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Religious Institutions Update: January 2023

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Vaccination Mandate Conforms with First Amendment In Kane v. De Blasio, No. 21 Civ. 7863, 21 Civ. 8773, 2022 WL 3701183 (S.D. N.Y. Aug. 26, 2022), the district court ruled that New York City Department of Education employees...more

Robinson+Cole RLUIPA Defense

Court Rules Meriden, CT’s Zoning Regulations Discriminatory

A district court has ruled that the City of Meriden, Connecticut (the City) discriminated against Omar Islamic Center Inc. following the City’s denial of the Islamic Center’s application to move its mosque to another...more

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Religious Institutions Update: July 2022

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Maine Scholarship Program Excluding Sectarian Schools Unconstitutional. In Carson v. Makin, 142 S.Ct. 1987 (2022), the U.S. Supreme Court struck a tuition assistance program that requires school districts to transmit payment...more

Robinson+Cole RLUIPA Defense

Federal Court Dismisses RLUIPA Challenge to Missouri Emergency Public Health Orders

An interesting decision regarding RLUIPA and COVID-19 emergency public health orders was recently issued by a federal court in Missouri.  Recall that in the land use context, RLUIPA applies only to “land use regulations.”...more

Robinson+Cole RLUIPA Defense

Florida Court Finds RLUIPA Protects Transition Home for Registered Sex Offenders

If you are a municipality defending against a RLUIPA lawsuit, it is generally not a good sign when a court’s memorandum of decision begins with a string of biblical quotes.  Wakulla County Florida experienced this earlier...more

Robinson+Cole RLUIPA Defense

Judicial Restraint in the Time of COVID-19?

Across the nation, religious institutions are challenging COVID-19-related restrictions on religious worship.  There are too many cases to note.  We recently posted about the U.S. Supreme Court’s (SCOTUS) decision denying an...more

Robinson+Cole RLUIPA Defense

Federal Court: “There is no pandemic exception to the Constitution of the United States or the Free Exercise Clause of the First...

Last week, a federal court in North Carolina issued a temporary restraining order enjoining the assembly of religious worship provisions in Governor Roy Cooper’s Executive Order 138 (EO-138).  The court found that EO-138 was...more

Robinson+Cole RLUIPA Defense

City of Kirkwood, MO Hits Homerun in Religious Baseball Field Dispute in Eighth Circuit

Last week, the U.S. Court of Appeals for the Eighth Circuit issued an important decision regarding RLUIPA’s substantial burden and equal terms provisions. ...more

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Religious Institutions Update: September 2019 - Lex Est Sanctio Sancta

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Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim - In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more

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Religious Institutions Update: June 2019 - Lex Est Sanctio Sancta

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Key Cases - Covert Surveillance Due to Religious Identity is Actionable - Government surveillance of individuals due to their religious identity is actionable under federal law. In Fazaga v. Federal Bureau of...more

Robinson+Cole RLUIPA Defense

Church Ministering to Homeless/Needy Can Proceed with Most of its Religious Discrimination Claims

A United States District Court for the Middle District of Tennessee recently ruled that Layman Lessons Church and Welcome Baptist Church, Inc. (“Layman Lessons”) can move forward with most, but not all, of its religious...more

Robinson+Cole RLUIPA Defense

Proposed Law in Woodbury, New York Would Require Permits for Eruvin

The Village Board for the Village of Woodbury, New York (“Village”) is considering a new law that would require a permit in order to erect or maintain an eruv in any public street, right-of-way or easement. ...more

Robinson+Cole RLUIPA Defense

Islamic Community Center Denied Variance Needed to Operate Mosque; Files Lawsuit Against Michigan City

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...more

Robinson+Cole RLUIPA Defense

Church Ministering To Homeless Secures Preliminary Injunction Against St. Paul, Minn. For Likely RLUIPA And Free Speech Violations

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...more

Robinson+Cole RLUIPA Defense

North Carolina City’s Zoning Code Amendment “At The Cross”-Road of RLUIPA Claim

Recent amendments to the zoning code of the City of Monroe, North Carolina (the “City”) are unconstitutional, according to the Complaint filed by At the Cross Fellowship Baptist Church (the “Church”), a congregation of...more

Robinson+Cole RLUIPA Defense

DOJ Rolls Out “Place to Worship” RLUIPA Initiative; Sues New Jersey Borough

Earlier this week, the Department of Justice announced its “Place to Worship Initiative” to help protect houses of worship and religious institutions against discrimination in the local land use process. Attorney General...more

Robinson+Cole RLUIPA Defense

Yee Haw! Cowboy Church’s Religious Rodeo Clears Some Hurdles

Texas’ appellate court recently issued a decision involving the interplay between religious freedom and governmental police power, a “cowboy church,” and NIMBYism (Not-In-My-Back-Yard). True to its name, Denton County Cowboy...more

Robinson+Cole RLUIPA Defense

Religious Land Use Controversy Brewing in Laurel, Maryland: Can a Church Worship in a Coffee Shop?

Redemption Community Church (the “Church”) has filed a federal lawsuit against the city of Laurel, Maryland (the “City”), after the City issued a cease and desist order prohibiting the Church from offering religious services...more

Robinson+Cole RLUIPA Defense

Church Alleges Religious Discrimination Over Baltimore County’s Conditions on Approval of Development Plan

Maryland and the Board of Appeals of Baltimore County (together, “Baltimore County”), challenging Baltimore County’s conditional approval of the Church’s development plan, which sought to expand an existing house of worship. ...more

Robinson+Cole RLUIPA Defense

Prisoner’s “My-iBible” RLUIPA Claim Thrown Out as Moot

What do a prisoner in administrative segregation, an MP3 player, an audio version of the Bible, and earbud headphones have to do with defending local governments in RLUIPA claims? Read on....more

Robinson+Cole RLUIPA Defense

Tenth Circuit Throws Out Prisoner’s Claim that He is the Second Coming of Jesus Christ

Today we report on a fascinating decision out of the Tenth Circuit. It’s not a land use case. It’s not even an RLUIPA case. But we thought it appropriate for this time of year. The plaintiff, a pro se prisoner named...more

Robinson+Cole RLUIPA Defense

Additional Eruv Disputes in New Jersey

We recently posted about a lawsuit filed by Bergen Rockland Eruv Association, Inc. (“BREA”) against the Township of Mahwah, New Jersey, regarding a dispute over the expansion of an eruv. Since then, eruv disputes have evoked...more

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