News & Analysis as of

RLUIPA

Eleventh Circuit Affirms Dismissal of City’s Approval of Chabad Religious Center as Moot

The United States Court of Appeals for the Eleventh Circuit recently affirmed the lower court’s decision dismissing an Establishment Clause challenge over the approval of a religious center. ...more

Chabad and Toms River Settle RLUIPA Suit

Chabad Jewish Center of Toms River, Inc. (“Chabad”) has settled its religious discrimination lawsuit against the Township of Toms River, New Jersey (“Township”), putting to rest its allegations that the Township violated each...more

New York State Trial Court: Supporting Trump is Not a Religion

New York Post reports that a New York state trial court judge tossed a discrimination lawsuit brought by Greg Piatek, a President Trump supporter, against a West Village bar. ...more

Federal Court Rejects Church’s Religious Land Use Claims Based on Government’s Legitimate Zoning Concerns

A federal court in Nevada has ruled that the denial of a church’s special use permit application to develop property with a house of worship did not violate RLUIPA’s substantial burden provision, the Equal Protection Clause,...more

Christian School’s Claims Dismissed as Unripe Under Midrash Sephardi

A district court in the Southern District of Florida has dismissed as unripe claims brought by Centro de Ensenanza Palabra de Fe, Inc. (“Centro”), a tax-exempt religious organization that operates a daycare center and...more

Rabbi Lacks Standing for some RLUIPA Claims, Says Federal Court

A federal court in Maryland has found that a rabbi was without standing to bring claims under RLUIPA’s nondiscrimination and equal terms provisions, since those claims can be brought only by an “assembly” or “institution.” ...more

Maryland Federal Court – Church’s Alleged Substantial Burden was Self-Imposed

A federal court in Maryland recently rejected a church’s RLUIPA and related constitutional claims, finding that the religious group’s claimed harm was self-created. The case demonstrates the importance of due diligence...more

Religious Land Use Controversy Brewing in Laurel, Maryland: Can a Church Worship in a Coffee Shop?

Redemption Community Church (the “Church”) has filed a federal lawsuit against the city of Laurel, Maryland (the “City”), after the City issued a cease and desist order prohibiting the Church from offering religious services...more

Satanists Sue Scottsdale, AZ Over Legislative Prayer Policy

The Satanic Temple and one of its members, Michelle Shortt, are suing the city of Scottsdale, Arizona and individual municipal officials in federal court, alleging that a Satanist was denied the opportunity to open a City...more

Church’s RLUIPA Claims Unripe And Moot, Says Federal Court

A federal district court in Illinois has dismissed religious discrimination and related claims alleged by the Church of Our Lord & Savior Jesus Christ (“Church”) against the City of Markham, Illinois (“City”), in connection...more

Third Time’s Not the Charm for Trump’s Travel Ban

The Fourth Circuit ruled earlier this month that the Trump Administration’s third attempt at an immigration and travel ban, imposed on eight predominately Muslim countries, was likely to violate the Establishment Clause....more

Cockfighting Not Sincerely Held Religious Belief, Rules Federal Court

In United States of America v. Cruz (F.D.N.Y. 2018), Hector Cruz pled guilty to the charge of knowingly attending a cockfighting event (a fight between two roosters) for sport and entertainment in the Bronx, New York, in...more

Mahwah, NJ Agrees to Settle Eruv Dispute

In December, we reported that the Mahwah Township Council (“Council”) voted to withdraw two ordinances at the center of RLUIPA litigation involving the expansion of an eruv proposed by Bergen Rockland Eruv Association...more

Allenhurst, NJ Sued Under RLUIPA One Day and Settles the Next

The Borough of Allenhurst, New Jersey has settled a lawsuit against an Orthodox Jewish group just one day after the group filed suit in federal court alleging violations of RLUIPA’s unreasonable limits and exclusions and...more

City of Bayonne, NJ to Pay $400,000 to Settle Claims Over Mosque Denial

The City of Bayonne, New Jersey has agreed to settle a lawsuit filed this past summer by Bayonne Muslims, asserting that the city discriminated against the Muslim group after denying variances needed to convert an abandoned...more

CAFO Stinks, but Not a Substantial Burden

Do 1,400 cattle and 17.4 million gallons of cow waste in open-air lagoons, upwind and a half a mile from a religious youth summer camp, impose a substantial burden? As unpleasant as a concentrated animal feed operation...more

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

by Holland & Knight LLP on

Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described...more

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

Church Alleges Religious Discrimination Over Baltimore County’s Conditions on Approval of Development Plan

Maryland and the Board of Appeals of Baltimore County (together, “Baltimore County”), challenging Baltimore County’s conditional approval of the Church’s development plan, which sought to expand an existing house of worship. ...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

Commentary: Tartikov v. Pomona and RLUIPA

by Pessin Katz Law, P.A. on

Over the years, I’ve represented a number of churches and synagogues in their pursuit of zoning and development approvals to build places of worship. In my consultations with these clients, inevitably someone says something...more

Ninth Circuit: Ventura County Outdoor Wedding Regulations Violate First Amendment

by Miller Starr Regalia on

On December 7, 2017, a three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the County of Ventura’s land use regulations, which require a conditional use permit for “temporary outdoor” events,...more

To Protect Wildlife, or Religious Freedom?

That was the question before the Deschutes County Board of Commissioners earlier this month. The conflict arose as a result of John and Stephanie Shepherd’s continued attempts to host weddings on their property in...more

Mahwah Eruv Update

In an update to our previous post about an eruv dispute in New Jersey, the Mahwah Township Council has voted to withdraw two ordinances at the center of a religious discrimination lawsuit involving the construction of an...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

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