News & Analysis as of

RLUIPA

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

Additional Eruv Disputes in New Jersey

We recently posted about a lawsuit filed by Bergen Rockland Eruv Association, Inc. (“BREA”) against the Township of Mahwah, New Jersey, regarding a dispute over the expansion of an eruv. Since then, eruv disputes have evoked...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

Facial challenge to Chicago parking standard fails

“When is a church like a library?,” the District Court for the Northern District of Illinois recently asked. Immanuel Baptist Church (the “Church”) hoped to continue operations in a Chicago neighborhood when, in 2016, the...more

Kenyan Church Claims Baltimore County’s Land Use Regulations Impose Substantial Burden

Last week, Jesus Christ is the Answer Ministries, Inc. (the “Church”), a nondenominational Christian church in Baltimore County, Maryland, and the Church’s pastor, Reverend Lucy Ware, filed suit against Baltimore County,...more

No Homeless in the Historic District?

A church has filed suit against the City of Davenport, Iowa (the “City”), after the City issued it a Cease and Desist Order (the “Order”) prohibiting the service of meals to the homeless, alleging violations of RLUIPA’s...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

Yonkers Wins Below: Appeal Pending

The Islamic Community Center for Mid Westchester (“ICCMW”) has appealed the decision of the Southern District of New York that held ICCMW’s claims were not yet ripe for review and ICCMW did not have the right to supplement...more

Department of Justice and Bensalem Township, PA Settle Lawsuit Over Mosque Denial

The United States Department of Justice (“DOJ”) has reached an agreement with Bensalem Township, Pennsylvania (“Township”), resolving allegations that the Township violated each of RLUIPA’s provisions when it denied a use...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

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