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
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
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
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
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
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
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
12/16/2019
/ Appeals ,
Equal Protection ,
Free Exercise Clause ,
Municipalities ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
School Sports ,
Substantial Burden ,
Zoning Laws
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
4/29/2019
/ Equal Protection ,
First Amendment ,
Free Exercise Clause ,
Homeless Issues ,
Mootness ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
State and Local Government ,
Substantial Burden
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
8/14/2018
/ Article III ,
Equal Protection ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Free Speech ,
Homeless Discrimination ,
Homeless Issues ,
Motion to Dismiss ,
Pleading Standards ,
Preliminary Injunctions ,
Religious Discrimination ,
Religious Institutions ,
Ripeness ,
RLUIPA ,
Standing ,
Substantial Burden
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
The Supreme Court issued its anticipated decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. ...more
6/6/2018
/ Anti-Discrimination Policies ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
LGBTQ ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Private Sector ,
Religious Discrimination ,
Reversal ,
Same-Sex Marriage ,
SCOTUS
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
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
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
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
2/21/2017
/ Appeals ,
Burwell v Hobby Lobby ,
Department of Justice (DOJ) ,
Discrimination ,
Due Process ,
Equal Protection ,
Establishment Clause ,
Executive Orders ,
First Amendment ,
Foreign Nationals ,
Free Exercise Clause ,
Government Investigations ,
Immigrants ,
Immigration Procedures ,
Political Campaigns ,
Refugees ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Restraining Orders ,
RLUIPA ,
Travel Ban ,
Trump Administration
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
2/13/2017
/ Aesthetic Functionality ,
Article III ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Religious Discrimination ,
Religious Displays ,
Religious Institutions ,
RLUIPA ,
Standing ,
Traffic Laws ,
Zoning Laws
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
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
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
The Thai Meditation Association of Alabama and several individual plaintiffs (the “Center”) have filed suit against the City of Mobile, Alabama, its Planning Commission, and City Council (“Mobile”) after the Center was...more
In the RLUIPA Round-Up post, we noted that the City of Sterling Heights, Michigan, is facing a federal lawsuit following its denial of the American Islamic Community Center’s (Center) zoning application to build a 20,500...more
The Scinto Foundation (Foundation) supports religious organizations “by having activities which are similar to [religious activities] and/or by giving them money, or donating services ….” The Foundation sued the City of...more
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
On July 21, the United States Department of Justice sued Bensalem Township, Pennsylvania, in federal court alleging violations of each of RLUIPA’s provisions following the Township’s 2014 denial of a variance application...more