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
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
1/16/2017
/ Appeals ,
Commercial Speech ,
First Amendment ,
Free Speech ,
Religious Discrimination ,
Religious Displays ,
Religious Expression ,
Religious Institutions ,
RLUIPA ,
Variances ,
Zoning Laws
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
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
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
The Islamic Center of Nashville (ICN) recently filed a federal complaint and request for declaratory judgment against the State of Tennessee, the Metropolitan Trustee of Nashville, and the Tennessee State Board of...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
In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township)...more
9/14/2016
/ Attorney's Fees ,
Certificates of Occupancy ,
Damages ,
Educational Institutions ,
First Amendment ,
Jurisdiction ,
Mediation ,
Preliminary Injunctions ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
Reversal ,
RLUIPA ,
Variances
This summer, we reported that Genoa Charter Township prevailed in a lawsuit filed by Livingston Christian Schools (LSC), which claimed that the Township violated RLUIPA’s substantial burden provision, the First Amendment to...more
9/13/2016
/ Attorney's Fees ,
Due Process ,
Educational Institutions ,
First Amendment ,
Fourteenth Amendment ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Special Use Permit ,
Substantial Burden ,
Summary Judgment
The Arkansas-Louisiana Conference of Seventh-Day Adventists (the “Adventists”) filed a lawsuit in the Eastern District of Arkansas, contending that a local ordinance in White Hall, Arkansas (the “City”) restricts its right to...more
The King’s Tabernacle, a Rhode Island Church with a predominantly African American congregation of 20 members, has sued the Town of Johnston, Rhode Island over the Town’s denial of its special use permit for religious...more
It’s maybe one of our favorite blog posts titles of all time: “Zombies Outshine Satan? More Controversial Holiday Displays, Including Baby, Fanged, Undead Jesus and Dogs in Costumes.” The case of Baby, Fanged, Undead Jesus...more
In last week’s, RLUIPA Round-Up we reported about the case Hale v. Federal Bureau of Prisons (D. CO 2015) in which the court found that the Church of the Creator – a white supremacist movement that advocates “total racial...more
The Ninth Circuit has affirmed a lower court’s decision ruling that a twelve foot statute of Jesus near Montana’s Big Mountain does not violate the First Amendment’s Establishment Clause. The statue, known as “Big Mountain...more
A federal court in Illinois, in Church of Our Lord and Savior, Jesus Christ v. City of Markham, Illinois (N.D. Ill. 2015), dismissed some of the Church’s religious land use claims while allowing others to proceed. The case is...more
8/25/2015
/ Burwell v Hobby Lobby ,
Churches ,
Conditional Use Permit ,
First Amendment ,
Free Exercise Clause ,
Hobby Lobby ,
Open Meetings Act ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
SCOTUS
For the past 5-plus years, East End Eruv Association (“EEEA”) has been involved in federal litigation seeking approval to construct an eruv in accordance with its religious beliefs (East End Eruv Association v. Westhampton...more
As promised in our earlier post, Reed v. Gilbert: Impact to municipalities across the nation, this post provides a summary of Walker v. Texas Division, Sons of Confederate Veterans, a case that, coupled with Reed, has led...more
Last week, we reported on the potential impact of Reed v. Gilbert, the sign regulation case that has municipalities across the nation concerned about the enforceability of local sign ordinances. This week, we’re happy to...more
7/1/2015
/ Churches ,
Commercial Speech ,
Content-Neutral ,
First Amendment ,
Fourteenth Amendment ,
Local Ordinance ,
Municipalities ,
Reed v Town of Gilbert ,
RLUIPA ,
Signs ,
Zoning Laws
Coral Springs, Florida may allow Satanist Chaz Stevens to begin a City Commission meeting with an invocation honoring Satan in September or October. However, Mayor Skip Campbell will first meet with commission members to...more
Although the case is outside the RLUIPA realm or even specific to religious-based speech, the Supreme Court’s decision last week in Reed v. Gilbert will undoubtedly impact RLUIPA Defense readers. We previously reported on the...more
This week, RLUIPA Defense continues its effort to aggregate important new stories reflecting the intersection of religion, land use and local government.
Indiana’s First Church of Cannabis in Indianapolis – Indiana’s...more
6/8/2015
/ American Civil Liberties Union (ACLU) ,
Churches ,
Conditional Use Permit ,
Exempt Organizations ,
First Amendment ,
IRS ,
Marijuana ,
Prayer ,
Public Funds ,
Public Meetings ,
RLUIPA ,
Tax Exempt Entities