January 2022
SCOTUS Strikes Down One Vaccine Mandate, Upholds Another
On January 13, the Supreme Court of the United States (SCOTUS) struck down the Biden Administration’s vaccine mandate that was to apply to all large employers. That same day, the Supreme Court upheld the administration’s vaccine mandate that applies to healthcare workers at healthcare facilities that receive Medicare and Medicaid. These
September 2021
Local Government Forced to Issue Bonds to Pay RLUIPA Legal Fees
A New York case is the latest example of why local governments should proceed carefully in RLUIPA litigation to avoid costly outcomes. In the case of the Village of Pomona, NY (Pomona), a RLUIPA case that has dragged on for more than a decade – bouncing from the district court
July 2021
SCOTUS Sides with Amish Community on RLUIPA Land Use Claim
The Supreme Court of the United States (SCOTUS) has finally reached the merits of a RLUIPA land use matter – sort of. To the extent the court touched on the RLUIPA questions in Mast v. Fillmore County on July 2nd, the overarching message from at least one justice was clear:
June 2021
Amish Community Waiting to See if SCOTUS Will Review RLUIPA Claim
It appears as though another term of the Supreme Court will close without the high court evaluating a religious land use claim under The Religious Land Use and Institutionalized Persons Act (RLUIPA). An Amish community from Minnesota had asked the U.S. Supreme Court to consider whether state laws requiring the
June 2021
Maryland Church Awarded $1.1m in RLUIPA Verdict Over County Environmental Considerations
For more than 20 years now, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has sought to ensure houses of worship are treated the same as similar secular land uses, regardless of other considerations or laws that might be implicated. A recent case out of Maryland reaffirms this concept,
March 2021
Federal Government, New Jersey Town Reach Settlement of RLUIPA Case One Day After It Was Filed
In most Religious Land Use and Institutionalized Persons Act (RLUIPA) cases, the plaintiff is a religious organization and the defendant is a local government. However, there are some instances when the religious organization gains the support of a second, powerful plaintiff – the U.S. Department of Justice. That was the
March 2021
Supreme Court Issues RLUIPA Opinion Related to Prisoners; Still Has Not Reached Land Use Issue
It was just last year that the Religious Land Use and Institutionalized Persons Act, or RLUIPA, celebrated its 20th anniversary. During that time, the U.S. Supreme Court has never issued a substantive opinion on a religious land use matter based on RLUIPA. However, the Supreme Court has now issued an
February 2021
Church Offering Parking Lot To Beachgoers Is Free Exercise of Religion Protected By RLUIPA
A Florida court held that a church, as part of its religious exercise, can offer its parking lot as an access point to a nearby beach to general members of the public. Pass-A-Grille Beach Community Church, just outside St. Petersburg, Florida, argued that the local government’s attempts to restrict the
January 2021
Michigan Private Schools’ Motion to Enjoin COVID Regs Denied as Moot; School Seeking to Join Lawsuit as Plaintiff as Case Proceeds
A Michigan federal court judge denied a group of parents and nonpublic schools’ request for a preliminary injunction that sought to enjoin COVID-19 restrictions the state implemented in November that precluded the school from hosting in-person classes. The one-page opinion from Judge Paul Maloney said the motion was rendered moot
January 2021
New York Village Settles One RLUIPA Suit, Faces New One From DOJ
A New York village settled one lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) while the U.S. Department of Justice filed a new, larger lawsuit against the village alleging a broad, ongoing practice of discriminating against religious land uses. The federal government’s lawsuit alleges that
December 2020
Michigan Religious Schools: Michigan COVID Regs Violate First Amendment
A group of nonpublic schools has filed suit in Michigan federal court alleging that the state’s Health and Human Services directive that schools remain closed through December 20 violates the First Amendment. The lawsuit was filed on December 7 by the Michigan Association of Nonpublic Schools (MANS), which has since
December 2020
U.S. Supreme Court Invalidates COVID Restrictions on Religious Exercise
Just months after the U.S. Supreme Court declined to hear a California religious group’s challenge to COVID-19 restrictions on group worship, the Court blocked such restrictions on religious organizations in New York. The decision, by a 5-4 vote, confirms that the closely divided court has become somewhat unpredictable as to
December 2020
Electronic Sign Permit Denial Did Not Violate RLUIPA
The First Circuit Court of Appeals ruled on October 7, 2020 that the Town of Pembroke, New Hampshire did not violate RLUIPA when the town denied an application for an electronic sign permit for religious messages. This ruling affirmed the district court’s dismissal of the case. In Signs for Jesus and Hillside
December 2020
New Jersey Congregation Allowed to Build House of Worship; Recovers Attorney Fees
The U.S. Attorney’s Office for the District of New Jersey announced on September 15, 2020 an agreement with the Borough of Woodcliff Lake, New Jersey, to resolve allegations that the Borough violated the RLUIPA by denying zoning approval for an Orthodox Jewish congregation to construct a worship center on its
