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
RLUIPA Defense
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Court Rules Meriden, CT’s Zoning Regulations Discriminatory
By Evan Seeman
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
By Evan Seeman
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
By Evan Seeman
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…
St. Pete Beach, Florida Enjoined from Prohibiting Church’s Beach Parking Lot Evangelism
By Evan Seeman
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
By Evan Seeman
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…
Florida Court Finds RLUIPA Protects Transition Home for Registered Sex Offenders
By Evan Seeman
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 a religious group’s motion for a preliminary injunction to operate a transition home, Judge Mark…
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 Pentecostal Church challenging California Governor Gavin Newsom’s Stay-At-Home order and 4-stage reopening plan which restricted…
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. The Church, which has between 3 and 5 services each week with 200 to 300…
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 Clause of the First Amendment. Under EO-138, all worship services involving more than 10 people…