"Justice Dept. Takes Up a Little Church's Zoning Fight: An obscure battle on Maui is caught up in a constitutional fray," is the headline to this story in today's NY Times, datelined Pukalani, Hawaii.
This story involves the Religious Land Use and Institutionalized Person Act of 2000 (RLUIPA). The earlier Indiana Law Blog coverage of this law may be accessed here.
Briefly, according to the Times, a church on Maui applied to the Maui planning commission to build a sanctuary, and was turned down, citing traffic and safety concerns. The church sued. The US Justice Department's Civil Rights Division weighed in, accusing Maui County of religious discrimination and threatening a suit under the 2000 law (RLUIPA). More:
"It's hard to avoid the conclusion that Maui County is being strong-armed from the nation's capital," The Maui News said in a recent editorial. "The case is a local-rights fight worth fighting."The 1997 decision, Bourne v. Flores, is covered in our earlier entry and may be accessed there. The June 24, 2003 holding, Elsinore Christian Center v. City of Lake Elsinore, is accessible here.The county's defense against the church's suit may turn into a significant test of the 2000 statute, which among other things prohibits zoning regulations that impose a substantial burden on churches unless the local government can show a compelling reason for them.
The constitutionality of the law is much disputed. An earlier, broader version of it was struck down by the Supreme Court in 1997, in part on federalism grounds. And on June 24, a federal judge in Los Angeles issued the first decision holding the newer law's provisions on zoning unconstitutional. The judge, Stephen V. Wilson, said that in adopting the legislation, Congress had granted expanded First Amendment protection to churches, and so exceeded its constitutional authority.
Here is another, and different, take on this matter, from the National Law Journal, titled "Local zoning fights get DOJ attention: A 3-year-old federal law helps religious groups in zoning clashes." The NLJ coverage includes links to the original complaint and amended complaint filed by the church against the Maui Planning Commission in the federal U.S. district court for the District of Hawaii.
Here is a story from a town in New Jersey where a church has sued for denial of zoning to run a food pantry: "Church leaders met in December with neighbors concerned about the changed use of the building, which previously was a group home for the disabled. The food pantry and counseling - provided by a service that uses building space - were previously offered in other church buildings, the suit adds. They also are consistent with other "accessory uses" in church facilities such as Habitat for Humanity offices and Scout meetings, the church says."
Posted by Marcia Oddi at July 4, 2003 12:59 PM