Religious Use Law in South Florida
In Immanuel Baptist Church v. City of Chicago, the United States District Court for the Northern District of Illinois recently ruled that the City of Chicago had violated the Religious Land Use and Institutionalized Persons...more
The United States Court of Appeals for the Eleventh Circuit recently considered a long-running religious land use dispute involving the Thai Meditation Association of Alabama (TMAA) and the city of Mobile, Alabama. The...more
Enhanced Airport Screening Did Not Violate Free Exercise Clause In Haidari v. Mayorkas, No. 22-cv-2939 (ECT/ECW), 2023 WL 5487351 (D. Minn. Aug. 24, 2023), the court dismissed the plaintiff's claim that federal agents have...more
On December 30, 2022, a district court dismissed a Catholic high school’s RLUIPA challenge, granting summary judgment on all claims in favor of the City of Madison, Wisconsin and various other city officials (the City). As...more
A district court has ruled that the City of Meriden, Connecticut (the City) discriminated against Omar Islamic Center Inc. following the City’s denial of the Islamic Center’s application to move its mosque to another...more
Blanket Limitation on Private Home Gatherings to 3 Households Overturned In Tandon v. Newsom, 141 S.Ct. 1294 (2021) (per curiam), the U.S. Supreme Court enjoined pending appeal California's imposition of a blanket limitation...more
The U.S. Court of Appeals for the First Circuit recently found in favor of the Town of Pembroke, New Hampshire regarding the Town’s denial of an application for an electronic sign permit for religious messages. The Town’s...more
Religious entities that wish to short-circuit the often lengthy zoning application process are tempted to bring a facial challenge under RLUIPA. As the decision in Calvary Chapel Bible Fellowship v. County of Riverside, 948...more
RLUIPA’s equal terms provision requires municipalities to treat religious uses no worse than analogous secular assembly uses. Generally, if a municipality wants to either prohibit religious uses from a certain zone or...more
Ripeness is an important defense to RLUIPA claims. A plaintiff must receive a final decision from the local authority as to how the zoning law applies to its proposal. If not, plaintiff’s RLUIPA claim could be dismissed as...more
Last week, the U.S. Court of Appeals for the Eighth Circuit issued an important decision regarding RLUIPA’s substantial burden and equal terms provisions. ...more
Late last month, an addiction ministry known as Vision Warriors Church, Inc. sued the Cherokee County Board of Commissioners under the Fair Housing Act, Americans with Disabilities Act, RLUIPA, and the U.S. Constitution. ...more
This week, the United States Department of Justice (DOJ) reported on the case of Garden State Islamic Center v. City of Vineland. ...more
Clifton, New Jersey has agreed to pay a Jewish congregation $2.5 million and will allow it to construct a synagogue. Congregation Shomrei Torah/Tiferes Boruch asked for permission to build a synagogue 11 years ago. The...more
Recently, the Department of Justice reported that it has closed its investigation into whether the City of Coconut Creek’s zoning code violated RLUIPA’s equal terms provision by treating secular assembly uses better than...more
Earlier this month, an Islamic community center filed suit against the City of Troy, Michigan (“City”) after the City denied the group’s application for a variance needed to operate a mosque at the property it owns in the...more
“When is this Church like that Library?” The District Court for the Northern District of Illinois considered this question in its review of the City of Chicago’s motion to dismiss a RLUIPA equal terms claim brought against...more
A federal court in Maryland has denied the City of Laurel, Maryland’s (“City”) motion to dismiss a lawsuit brought by Redemption Community Church (“Church”). ...more
Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more
Earlier this week, the U.S. Court of Appeals for the Sixth Circuit issued a decision in Tree of Life Christian Schools v. City of Upper Arlington concerning a religious school’s RLUIPA equal terms challenge. ...more
Back in 2015, we first reported about a RLUIPA case pitting the County of Maui, Hawaii against practitioners of “Integral Yoga”....more
The Second Circuit recently issued a Summary Order in Islamic Community Center for Mid Westchester v. City of Yonkers Landmark Preservation Board (2d Cir. 2018) detailing what zoning relief a plaintiff must seek at the local...more
Last month, a church known as Love of Life Fellowship, Inc. (the “Church”) sued the County of Chesterfield, Virginia, alleging religious discrimination resulting from its desired acquisition and use of 38 acres at 500 Baptist...more
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 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