If you are a municipality defending against a RLUIPA lawsuit, it is generally not a good sign when a court’s memorandum of decision begins with a string of biblical quotes. Wakulla County Florida experienced this earlier this summer. When granting
RLUIPA Defense Blog
Religious Land Uses, Zoning, and the Courts
The RLUIPA Defense Blog, published by Robinson & Cole LLP, focuses on legal issues related to the Religious Land Use and Institutionalized Persons Act (RLUIPA). It covers case law developments, court rulings, and practical implications of RLUIPA in land use disputes involving religious organizations. Topics include zoning challenges, substantial burden claims, equal terms provisions, and the intersection of religious freedom with municipal regulations. The blog analyzes how courts interpret and apply RLUIPA protections in various contexts such as property use, parking regulations, and housing for religious purposes. It also addresses related constitutional claims and state-level religious land use protections.
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Judicial Restraint in the Time of COVID-19?
Across the nation, religious institutions are challenging COVID-19-related restrictions on religious worship. There are too many cases to note. We recently posted about the U.S. Supreme Court’s (SCOTUS) decision denying an application for injunctive relief filed by South Bay United…
U.S. Supreme Court Upholds California’s COVID-19 Restrictions on Religious Worship
By Evan Seeman
In a 5-4 decision, the U.S. Supreme Court denied an application for injunctive relief filed by South Bay United Pentecostal Church (Church) challenging California Governor Gavin Newsom’s Stay-At-Home order and 4-stage reopening plan as it relates to religious worship gatherings. …
Federal Court: “There is no pandemic exception to the Constitution of the United States or the Free Exercise Clause of the First Amendment.”
By Evan Seeman
Last week, a federal court in North Carolina issued a temporary restraining order enjoining the assembly of religious worship provisions in Governor Roy Cooper’s Executive Order 138 (EO-138). The court found that EO-138 was likely to violate the Free Exercise…
Federal Court: “if beer is ‘essential,’ so is Easter.”
By Evan Seeman
Earlier this month, a federal court in Kentucky temporarily enjoined an order issued by the Mayor of Louisville on the grounds that the order likely violated First Amendment and Kentucky’s Religious Freedom Restoration Act. On Holy Thursday, Mayor Greg Fischer…
2nd Circuit Reverses Finding That Village School Zoning Laws Were Discriminatory
By John Peloso & Tom Donlon
Excerpt of a contributed article published in the New York Law Journal on February 28, 2020.
Absent a petition for certiorari to the U.S. Supreme Court, the Feb. 6, 2020 denial of the plaintiffs’ petition for rehearing en banc by…
Ninth Circuit Rejects RLUIPA Facial Challenge
By Tom Donlon
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 F.3d 1172 (9th Cir. 2020) demonstrates,…
Baltimore County’s Zoning Code Found to Violate RLUIPA’s Equal Terms Provision
By Evan Seeman
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 subject them to stricter zoning review, it must…
Is Finality Still A Requirement For A RLUIPA Action To Be Ripe?
By Evan Seeman & Tom Donlon
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 unripe. Requiring…
City of Kirkwood, MO Hits Homerun in Religious Baseball Field Dispute in Eighth Circuit
By Evan Seeman
Yesterday, the U.S. Court of Appeals for the Eighth Circuit issued an important decision regarding RLUIPA’s substantial burden and equal terms provisions. The court ruled in favor of the City of Kirkwood, Missouri in a years-long battle against a religious…