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 Act’s (RLUIPA) substantial burden provision in applying its parking code regulations to an Immanuel Baptist Church (Church). In so doing,
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Eleventh Circuit Clarifies RLUIPA Substantial Burden Inquiry
The United States Court of Appeals for the Eleventh Circuit recently clarified how to determine whether a substantial burden on religious exercise exists for purposes of the Religious Land Use and Institutionalized Persons Act (RLUIPA). The case involves Vision Warriors Church, a “non-profit ministry that seeks to provide a faith-based community for men recovering from…
Eleventh Circuit Finds City of Mobile Violated Religious Freedom Laws
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 dispute involves TMAA’s desire to convert a property zoned for residential use into a religious meditation center. The Eleventh Circuit affirmed the…
Massachusetts’ SJC Rules RV Camp Protected by Dover Amendment
The Supreme Judicial Court (SJC) of Massachusetts recently ruled that the RV Camp proposed by Hume Lake Christian Camps’ (Hume) was predominantly religious in nature and therefore qualified for protection under the Dover Amendment. Similar to the federal Religious Land Use & Institutionalized Persons Act, the Dover Amendment is a Massachusetts law that limits a…
Fourth Circuit: Church Seeking to Operate as Brewery or Farm Winery Did Not State RLUIPA Claim
The Fourth Circuit has ruled against the Alive Church of the Nazarene’s claims that Prince William County, Virginia, violated the Religious Land Use and Institutionalized Persons Act (RLIUPA) by denying the Church the opportunity to worship on its 17-acre property before the Church complied with relevant zoning regulations. Alive Church of the Nazarene, Inc. v. Prince…
Madison, Wisconsin’s Denial of Athletic Field Lights Upheld Over Claims of Religious Discrimination
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 ruled by the court, the City did not discriminate against Edgewood High School of the Sacred Heart, Inc. on…
Court Rules Meriden, CT’s Zoning Regulations Discriminatory
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 location. The Islamic Center (the Center) outgrew is prior location – a 1,200 square foot space above a pizza restaurant in…
Federal Court Dismisses RLUIPA Challenge to Missouri Emergency Public Health Orders
An interesting decision regarding RLUIPA and COVID-19 emergency public health orders was recently issued by a federal court in Missouri. Recall that in the land use context, RLUIPA applies only to “land use regulations.” The statute defines land use regulations as “a zoning or landmarking law, or the application of such law, that limits or…
St. Pete Beach, Florida Enjoined from Prohibiting Church’s Beach Parking Lot Evangelism
A federal court in Florida recently ruled that Pass-A-Grille Beach Community Church, Inc. (Church) was likely to prevail on its RLUIPA substantial burden claim challenging the City of St. Pete Beach’s enforcement of parking regulations. Since 1957, the Church has allowed the general public to use its parking lot free of charge to access the…
First Circuit Rejects Signs For Jesus’ RLUIPA and Constitutional Appeal
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 Zoning Board of Adjustment (Board) denied the permit because it believed the sign would “detract from the rural…