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RLUIPA

Robinson+Cole RLUIPA Defense

Chicago’s Application of Parking Regulations Violates RLUIPA

In Immanuel Baptist Church v. City of Chicago, the United States District Court for the Northern District of Illinois recently ruled that the City of Chicago had violated the Religious Land Use and Institutionalized Persons...more

Robinson+Cole RLUIPA Defense

Eleventh Circuit Clarifies RLUIPA Substantial Burden Inquiry

The United States Court of Appeals for the Eleventh Circuit recently clarified how to determine whether a substantial burden on religious exercise exists for purposes of the Religious Land Use and Institutionalized Persons...more

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

ArentFox Schiff

Environmental Justice Update: First-of-Its-Kind Louisiana EJ Suit Dismissed

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A first-of-its-kind environmental justice (EJ) lawsuit filed by a group of Louisiana churches and nongovernmental organizations (NGOs) was dismissed this week. The court’s decision finding the plaintiffs’ claims to be...more

Holland & Knight LLP

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

Massachusetts’ SJC Rules RV Camp Protected by Dover Amendment

The Supreme Judicial Court (SJC) of Massachusetts recently ruled that the RV Camp proposed by Hume Lake Christian Camps’ (Hume) was predominantly religious in nature and therefore qualified for protection under the Dover...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

Holland & Knight LLP

Religious Institutions Update: March 2023

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Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

ArentFox Schiff

Environmental Justice Update: Louisiana NGOs Sue Parishes Regarding Allegedly “Racist” Nature of Industrial Permitting

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Louisiana has been at the center of the past year’s eruption of environmental-justice related enforcement activities. The complaint in Inclusive Louisiana et al. v. St. James Parish et al., found here, is tied to three...more

Robinson+Cole RLUIPA Defense

Madison, Wisconsin’s Denial of Athletic Field Lights Upheld Over Claims of Religious Discrimination

On December 30, 2022, a district court dismissed a Catholic high school’s RLUIPA challenge, granting summary judgment on all claims in favor of the City of Madison, Wisconsin and various other city officials (the City). As...more

Holland & Knight LLP

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

Holland & Knight LLP

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

Morrison & Foerster LLP - Left Coast Appeals

This Weet at the Ninth: Twitter and Zoning

This week, the Ninth Circuit considers whether Twitter’s statements about a software bug causing privacy problems were actionable for securities fraud, and whether a zoning ordinance in Salinas, California, violated the...more

Epstein Becker & Green

The Court Upholds a College Board’s Censure of One of Its Members, and Delays an Execution on Religious Grounds: SCOTUS Today

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The Court issued opinions in two cases today, both interesting in their particular factual circumstances, but neither controversial, with one unanimously decided and the other with a lone dissent....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Ramirez v. Collier

On March 24, 2022, the U.S. Supreme Court decided Ramirez v. Collier, No. 21-5592, reversing the Fifth Circuit, and holding that because Texas’ restrictions on religious touch and audible prayer in the execution chamber...more

Dorsey & Whitney LLP

The Supreme Court - March 24, 2022

Dorsey & Whitney LLP on

Houston Community College System v. Wilson, No. 20-804: This case concerns whether the First Amendment limits a local government’s power to censure its members. Mr. Wilson was elected to the Board of Trustees of the Houston...more

Holland & Knight LLP

Religious Institutions Update: June 2021

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Blanket Limitation on Private Home Gatherings to 3 Households Overturned In Tandon v. Newsom, 141 S.Ct. 1294 (2021) (per curiam), the U.S. Supreme Court enjoined pending appeal California's imposition of a blanket limitation...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

St. Pete Beach, Florida Enjoined from Prohibiting Church’s Beach Parking Lot Evangelism

A federal court in Florida recently ruled that Pass-A-Grille Beach Community Church, Inc. (Church) was likely to prevail on its RLUIPA substantial burden claim challenging the City of St. Pete Beach’s enforcement of parking...more

Robinson+Cole RLUIPA Defense

First Circuit Rejects Signs For Jesus’ RLUIPA and Constitutional Appeal

The U.S. Court of Appeals for the First Circuit recently found in favor of the Town of Pembroke, New Hampshire regarding the Town’s denial of an application for an electronic sign permit for religious messages.  The Town’s...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

Federal Court: “if beer is ‘essential,’ so is Easter.”

Earlier this month, a federal court in Kentucky temporarily enjoined an order issued by the Mayor of Louisville on the grounds that the order likely violated First Amendment and Kentucky’s Religious Freedom Restoration Act. ...more

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