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
Third Time’s Not the Charm for Trump’s Travel Ban
The Fourth Circuit ruled earlier this month that the Trump Administration’s third attempt at an immigration and travel ban, imposed on eight predominately Muslim countries, was likely to violate the Establishment Clause. On September 24, 2017, President Trump issued Proclamation No. 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States
CAFO Stinks, but Not a Substantial Burden
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 (“CAFO”) may be, a neighboring religious organization cannot use RLUIPA as a shield to prevent its operation.
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Facial challenge to Chicago parking standard fails
“When is a church like a library?,” the District Court for the Northern District of Illinois recently asked. Immanuel Baptist Church (the “Church”) hoped to continue operations in a Chicago neighborhood when, in 2016, the property it had been renting for years was offered for sale. Prior to purchasing the property, the Church requested a