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
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
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
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
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
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
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 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
Last month, Bergen Rockland Eruv Association, Inc. (BREA) sued the Township of Mahwah, New Jersey regarding a dispute over the expansion of an eruv. According to the complaint, “[a]n eruv, under Jewish law, is a largely...more
The U.S. Court of Appeals for the Seventh Circuit has affirmed the decision of the Northern District of Illinois, finding against a faith-based recovery home’s claims of religious discrimination and Fair Housing Act...more
Last year, we reported about a case in which the city of St. Michael, Minnesota utilized RLUIPA’s “safe harbor” provision to avoid liability under the act’s substantial burden and equal terms provisions. While the federal...more
The United States Court of Appeals for the Fourth Circuit in a 10-3 decision has affirmed a lower court’s granting of a preliminary injunction against one provision of President Trump’s second immigration ban on the ground...more
5/31/2017
/ Due Process ,
EEO-1 ,
Establishment Clause ,
Executive Orders ,
First Amendment ,
Foreign Nationals ,
Immigration Procedures ,
National Security ,
Refugees ,
Religious Discrimination ,
Travel Ban ,
Trump Administration
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
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
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
Following some last minute hand-wringing, nearly a year of hearings and deliberations by the Zoning Board of Appeals (“ZBA”) and accusations of religious bias, the Town of Dudley agreed to a deal that would allow a proposed...more
A federal court in Pennsylvania has denied Bensalem Township’s motion to dismiss a lawsuit brought by the United States Department of Justice challenging the Township’s denial of a use variance for a mosque. The lawsuit...more
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 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 U.S. Justice Department (“DOJ”) filed suit in District Court for the Western District of Virginia against the Culpeper County Virginia Board of Supervisors alleging it acted in a discriminatory manor...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
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