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RLUIPA Round-Up

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

Seventh Circuit Remands (Again) World Outreach Conference Center v. City of Chicago

We’ve said it before and we’ll say it again, religious land use disputes often take a long time to resolve. World Outreach Conference Center v. City of Chicago, Nos. 13-3669, 13-3728 (7th Cir. 2015) is no exception to the...more

What Does A Sexy, Trendy Retail Chain Have In Common With Religious Land Use? Read About The Supreme Court’s Decision In The...

In Equal Employment Opportunity Commission v. Abercombie & Fitch Stores, Inc. (2015), seven justices of the U.S. Supreme Court found that Abercrombie & Fitch (A&F) violated Title VII of the Civil Rights Act of 1964 by...more

Ninth Circuit Upholds Santa Monica Ordinance Banning Unattended Displays; Baby, Fanged Jesus Display Would Require a Sitter

While the holiday season is still several months away, nativity scenes are back in the news. What nativity scene discussion would be complete without adorable baby, fanged Jesus? On New Year’s Eve 2014, we reported about...more

RLUIPA Round-UP

Here are some developments that we are following involving religious land use and the intersection of religion and local government. New Life Evangelistic Center, which runs a homeless shelter in downtown St. Louis,...more

Prisoner in Seventh Circuit to Receive Venison and Religious Headband; Impact of Hobby Lobby and Holt on the Land Use World...

Last week, we reported on a case where the Southern District of Florida decided against the Florida Department of Corrections, finding its refusal to provide kosher meals to inmates violates the Religious Land Use and...more

RLUIPA Round-Up

RLUIPA Defense is excited to bring you week two of the RLUIPA Round-Up – a weekly run through of recent religious land use disputes and other matters involving local government and religion throughout the country, as well as...more

5/26/2015  /  Religious Institutions , RLUIPA

Kosher Meals for Prisoners: U.S. Department of Justice Wins Claim of Religious Discrimination against the Florida Department of...

A federal court has ruled that the Florida Department of Corrections’ (Department) refusal to provide kosher meals to inmates violates the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court’s decision in...more

RLUIPA Round-Up

Welcome to the inaugural edition of RLUIPA Round-Up, where we run through recent religious land use disputes and other matters involving local government and religion throughout the country. Some of the items below include...more

Sixth Circuit Rules Against St. Johns, Michigan Ordinance Banning Charitable Donation Bins

In a decision that should be of interest to many of our readers, the Sixth Circuit has affirmed a federal district court’s ruling that an ordinance in the City of St. Johns, Michigan (City) prohibiting the use of charitable...more

Orthodox Synagogue Sues Dallas, Texas

The City of Dallas, Texas is in a familiar position. It’s being sued for religious discrimination. Last year, the City Council agreed to pay $250,000 to settle a lawsuit brought by two churches ministering to the homeless...more

The Ultimate Deus Ex Machina – Swingers Club Becomes a Church!

Every so often RLUIPA Defense feels the need to expand its reporting horizons. We usually stick to run-of-the-mill, pending or threatened litigation related to religious-land uses and RLUIPA. Sometimes we stray a bit and...more

Eleventh Circuit Dismisses RLUIPA Complaint of “Indigenous/Aboriginal Free Moorish National”

In Bey v. City of Tampa Code Enforcement (11th Cir. 2015), the plaintiff Nura Washington Bey (“Washington”) sued the City of Tampa and its Code Enforcement Officer, Steven Mateyka, after Mateyka cited Washington in connection...more

New RLUIPA Suit: Kansas Church Sues Crawford County Commissioners

Liberty Baptist Church, a Kansas church founded in 1947 with a congregation of about 15 members (Church), is suing the Board of County Commissioners of Crawford County, Kansas over the denial of its application for a...more

City of Marysville, Washington Defeats RLUIPA, RFRA, and Fair Housing Claims

In Holy Ghost Revival Ministries v. City of Marysville (W.D. Washington), the U.S. District Court for the Western District of Washington considered claims of religious discrimination brought by Holy Ghost Revival Ministries...more

Satanic Temple at it Again: Brookville Feels the Heat After County Commissioners Deny Temple Display and Display Commemorating the...

Spring flowers and the final week of argument in the Supreme Court’s 2015 term have all of us at RLUIPA Defense thinking spring. However, at least one controversy from the 2014 holiday season is back in bloom (reported on...more

Suit by “Interested,” Neighboring Municipalities to Enforce SEQRA Requirements Does Not “Impose or Implement” a Land Use...

On March 27, 2015, the Southern District of New York granted summary judgment in favor of all defendants in the consolidated action Bernstein v. Wesley Hills, 08-CV-156; 12-CV-8856 (KMK), (the “Wesley Hills” Action). The...more

Court Finds Muslim Group Lacks Property Interest and Tosses RLUIPA Suit; Pittsfield Charter Township Wins

A federal court in Michigan has ruled against a Muslim group in its RLUIPA suit against Pittsfield Charter Township after finding that the group lacked a legally cognizable property interest to sustain its claims. To...more

Transgender Native American Prisoner Denied Access to Sweat Lodge and Unsatisfied with the Alternative Sues under RLUIPA: More on...

Corrections Corporation of America (Dist. Idaho 2015) because the decision reflects a recent trend in RLUIPA cases: close judicial scrutiny as to whether a compelling government interest is furthered by “the least restrictive...more

New Article Explores RLUIPA’s “Safe Harbor” Provision

Evan recently wrote the article “Finding Salvation in Religious Law’s Safe Harbor; Municipal Governments Can Take Steps to Mitigate RLUIPA Claims,” published in the March 23, 2015 edition of the Connecticut Law Tribune. ...more

3/30/2015  /  Municipalities , RLUIPA , Safe Harbors

St. Louis Homeless Shelter Files RLUIPA Claim and Requests Preliminary Injunction to Continue Operations

Plaintiff, New Life Evangelistic Center, Inc., (“New Life”), an interdenominational Christian Church formed in 1972 by Reverend Larry Rice, recently sued the City of St. Louis, Missouri (the “City”) in the Eastern District of...more

City of Dallas Sues Synagogue and Property Owners Who Use Home for Religious Worship Services

The City of Dallas is suing Congregation Toras Chaim, Inc. (“CTC”), a small Jewish Orthodox synagogue that operates out of a private residential home, to enforce the City’s local code and require the synagogue to obtain a...more

Illinois Appellate Court Interprets Equal Terms “Comparator” Favorably for Local Government

In an important decision for local governments, the Illinois Appellate Court on March 6, 2015 issued its decision in Joan Dachs Bais Yaakov Elementary School (“JDBY”) v. City of Evanston. The decision, particularly the...more

Borough of Litchfield, CT Petition for Cert. from Second Circuit Decision; Asks SCOTUS to Clarify Whether a Law of Neutral and...

Last fall, the Second Circuit decided Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield, 786 F.3d 183 (2d Cir. 2014), reversing the lower court’s order of summary judgment in favor of the Borough of...more

Ninth Circuit to Consider Effect of Hobby Lobby in Land Use Context

We previously reported on the lawsuit filed by Harbor Missionary Church against San Buenaventura, California involving the City’s denial of a conditional use permit to allow the Church to continue to operate a soup kitchen in...more

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