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County of Ventura, California’s Permitting Scheme Stricken as Prior Restraint on Free Speech

The United States Court of Appeals for the Ninth Circuit has ruled that Ventura County, California’s conditional use permit (CUP) scheme for “temporary outdoor” events is an unconstitutional prior restraint on free speech. ...more

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

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

City’s Refusal to Permit Private Religious School in Business District Does Not Violate RLUIPA

A federal court has issued another decision in the longstanding RLUIPA battle between the City of Upper Arlington, Ohio (“City”) and Tree of Life Christian Schools (“TLC”). For a second time, a federal court in the Southern...more

RLUIPA Suit Against Colonie, NY Dismissed As Unripe

A federal court in New York has dismissed religious discrimination and related claims alleged by an evangelical Christian church (the “Church”) against the Town of Colonie, New York, its agencies and officials (the “Town”),...more

Municipality Prevails in Dispute Over Personal Chapel

The City of Brier, Washington (City) has prevailed over claims that it violated the Religious Land Use & Institutionalized Persons Act (RLUIPA) and other federal law in a dispute over a variance application to construct a...more

Eruv Dispute Prompts Claims of Religious Discrimination Against New Jersey Township

Last month, Bergen Rockland Eruv Association, Inc. (BREA) sued the Township of Mahwah, New Jersey regarding a dispute over the expansion of an eruv. According to the complaint, “[a]n eruv, under Jewish law, is a largely...more

Seventh Circuit Rules No Religious Discrimination Based On Sprinkler Requirement

The U.S. Court of Appeals for the Seventh Circuit has affirmed the decision of the Northern District of Illinois, finding against a faith-based recovery home’s claims of religious discrimination and Fair Housing Act...more

Church Wins Free Speech Claim Over Zoning Ordinance and $1,354,595 in Damages

Last year, we reported about a case in which the city of St. Michael, Minnesota utilized RLUIPA’s “safe harbor” provision to avoid liability under the act’s substantial burden and equal terms provisions. While the federal...more

Fourth Circuit Rules Second Immigration Ban Likely Violates Establishment Clause

The United States Court of Appeals for the Fourth Circuit in a 10-3 decision has affirmed a lower court’s granting of a preliminary injunction against one provision of President Trump’s second immigration ban on the ground...more

RLUIPA Round Up

The recent confirmation of Supreme Court Justice Neil Gorsuch has brought renewed attention to the often blurry line between the courts, government and individual religious liberty. Gorsuch wrote a concurring opinion in the...more

RLUIPA Implications of Trump’s Immigration Executive Order

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From...more

Signs 4 JC Shown the Light by NH District Court

Thou shall have the right to an electronic sign? Apparently not. Just over a year ago, Hillside Baptist Church and Signs for Jesus (together, Plaintiffs or Church) filed a complaint in the District Court for New Hampshire,...more

Bare Amish Horses? It Depends.

Two Amish men have sued Auburn, Kentucky (population approx. 1,300) in a Kentucky state court over an ordinance requiring that horses wear equine diapers. The ordinance, passed in 2014, is intended to keep town streets clear...more

Settlement Reached Allowing Construction of Muslim Cemetery in Dudley, MA

Following some last minute hand-wringing, nearly a year of hearings and deliberations by the Zoning Board of Appeals (“ZBA”) and accusations of religious bias, the Town of Dudley agreed to a deal that would allow a proposed...more

DOJ’s RLUIPA Claims Survive Motion to Dismiss

A federal court in Pennsylvania has denied Bensalem Township’s motion to dismiss a lawsuit brought by the United States Department of Justice challenging the Township’s denial of a use variance for a mosque. The lawsuit...more

Third Circuit Upholds District Court Decision in Pennsylvania Baptist Church Sign Case

Recently, the Third Circuit Court of Appeals entered an order upholding the district court’s decision in the case of Tearpock-Martini v. Shickshinny Borough, which we reported on last summer. The case involved an...more

Missouri Church Wins Digital Sign Appeal

The Missouri Court of Appeals has ruled that the Kansas City, Missouri, Board of Adjustment abused its discretion in failing to grant a variance to Antioch Community Church (Church) to install digital components into its...more

DOJ Claims that County’s Denial of a Sewer Permit Violates RLUIPA

Earlier this month, the U.S. Justice Department (“DOJ”) filed suit in District Court for the Western District of Virginia against the Culpeper County Virginia Board of Supervisors alleging it acted in a discriminatory manor...more

Port Jervis, NY Sued by DOJ; Settles Two Days Later

The City of Port Jervis, New York has agreed to settle a federal lawsuit filed by the United States Department of Justice (DOJ) alleging that the City’s revision to its zoning code violated the Religious Land Use &...more

RLUIPA Round-Up: Happy Cyber Monday

Take a break from the sales and give the Round-Up a read: ABC Channel 9 in Sioux City reports on a US Justice Department inquiry into the proposed siting of Our Savior Lutheran Church in a former Budweiser warehouse in...more

Rocky Mountain Sign Law Blog: Installation of Ten Commandments On City Hall Lawn is Government Speech, Violates First Amendment

Earlier this month, the Tenth Circuit Court of Appeals ruled that Bloomfield, New Mexico’s installation of a Ten Commandments monument on the lawn in front of city hall violated the Establishment Clause of the First...more

Facial RLUIPA Claims Against Mobile, AL Dismissed

Earlier this year, the Thai Meditation Association of Alabama and several individual plaintiffs (“the Center”) filed suit against the City of Mobile, Alabama (“the City”), alleging that the denial of its application to...more

$1.7 Million Settlement with DOJ and CAIR-MI

In 2011, Pittsfield Charter Township denied, allegedly without deliberation, Michigan Islamic Academy’s (“MIA”) application to rezone a 26 acre parcel (the “Property”) to allow the development of a pre-K through grade 12...more

Landmarking designation is alleged to violate RLUIPA

A brewing dispute in Yonkers, NY has led the Islamic Community Center for Mid Westchester (ICCMW) to allege that Yonkers violated ICCMW’s rights under RLUIPA, and the First and Fourteenth Amendments of the United States...more

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