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
In a 5-4 decision, the U.S. Supreme Court denied an application for injunctive relief filed by South Bay United Pentecostal Church (Church) challenging California Governor Gavin Newsom’s Stay-At-Home order and 4-stage...more
6/2/2020
/ Churches ,
Compelling Governmental Interest ,
Dissenting Opinions ,
Executive Orders ,
Free Exercise Clause ,
Governor Newsom ,
Injunctive Relief ,
Motion for Relief ,
Public Health Emergency ,
Re-Opening Guidelines ,
SCOTUS ,
Shelter-In-Place ,
Social Distancing ,
South Bay United Pentecostal Church v Newsom ,
TRO
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
RLUIPA’s equal terms provision requires municipalities to treat religious uses no worse than analogous secular assembly uses. Generally, if a municipality wants to either prohibit religious uses from a certain zone or...more
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...more
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
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
4/21/2017
/ Churches ,
Establishment Clause ,
Judicial Appointments ,
Land-Use Permits ,
Local Ordinance ,
Municipalities ,
Neil Gorsuch ,
Presidential Nominations ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
Wastewater ,
Zoning Laws
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
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
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
11/28/2016
/ Churches ,
Department of Justice (DOJ) ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
Motion to Dismiss ,
Public Accommodation ,
Religious Discrimination ,
Religious Institutions ,
Restroom Legislation ,
RLUIPA ,
Transgender ,
Variances ,
Zoning Laws
In an important decision for municipalities across the country, a federal court in Minnesota has recently ruled that actions taken under RLUIPA’s “safe harbor” provision absolved a local government of possible RLUIPA...more
9/23/2016
/ Churches ,
Conditional Use Permit ,
First Amendment ,
Free Exercise Clause ,
Moratorium ,
Municipalities ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
Safe Harbors ,
Summary Judgment ,
Zoning Laws
A Massachusetts Superior Court is soon to consider the interplay of three important planning principles – historic preservation, sustainable development, and freedom of religion. A Unitarian Universalist church is suing the...more
8/1/2016
/ Churches ,
Climate Change ,
First Amendment ,
Free Exercise Clause ,
Freedom of Religion ,
Global Warming ,
Historic Preservation ,
Open Meetings Act ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
Solar Energy ,
Solar Panels
The U.S. Court of Appeals for the Ninth Circuit recently upheld the convictions of two ministers of the Hawaii Cannabis Ministry who admitted using and distributing large quantities of cannabis in accordance with their...more
6/22/2016
/ Appeals ,
Churches ,
Controlled Substances ,
Controlled Substances Act ,
Criminal Prosecution ,
First Amendment ,
Marijuana ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Young Lawyers
We previously reported about the federal lawsuit filed by Christian Community Chapel against the Township of Hillsborough, New Jersey, in which the Township denied the Chapel’s variance requests to use a 14.3 acre property as...more
The Freedom From Religion Foundation sued the Morris County Board of Chosen Freeholders, the Morris County Preservation Trust Fund Review Board, and Joseph A. Kovalcik, Jr. (“Defendants”) in New Jersey Superior Court claiming...more
Late last year, Summit Church of Elkins, West Virginia, sued the Randolph County Development Authority (“RCDA”) in the Northern District of West Virginia for preventing the Church from purchasing a local movie theater for...more
In our post last month Satanists Score Victory in Phoenix, we reported on the controversy involving the Satanic Temple’s request to open Phoenix City Council’s meeting with prayer....more
The City of Norwich, Connecticut has agreed to end a three-year legal battle to settle three separate federal lawsuits allowing St. Vincent de Paul Place, Norwich, Inc., a ministry of The Polish Roman Catholic Congregation...more
The Northern District of Illinois recently had an opportunity to apply the Seventh Circuit’s “accepted zoning criteria” RLUIPA Equal Terms test to a plaintiff’s request for a preliminary injunction in Truth Foundation...more
Two brothers have opened a new kind of church in Spokane, Washington known as the Jedi Alliance. The Church gets its name from the storied Star Wars franchise. According to the brothers, Tim and Tyler Arnold, “[t]he Jedi...more
Vintage Church of Metairie, Jefferson Parish, Louisiana was never a source of neighborhood angst—that is, until the tent came. After merging with another local church in 2010, Vintage’s membership steadily rose. By 2015, the...more
Plaintiff Hope Rising Community Church is one step closer to obtaining a preliminary injunction against Penn Hills, Pennsylvania, as U.S. Magistrate Judge Robert C. Mitchell issued a Report and Recommendation to allow the...more
On November 3, we reported that My Father’s House Ministry, Inc. (Church) sued Delanco Township, New Jersey after denial of the Church’s application for a use variance . (See our November 3 post). Based on the parties...more
A predominantly African American Church of about 25 members known as My Father’s House Ministry, Inc. (Church) is suing Delanco Township, New Jersey over allegations that the Township violated both the Religious Land Use &...more
A federal court has dismissed a lawsuit brought by New Life Evangelistic Center, Inc. against the City of St. Louis because New Life’s claims are not yet “ripe” for review. In order for a court to have jurisdiction to hear...more