Source: United States Attorneys General 3
The Justice Department filed a statement of interest today in the Western District of Pennsylvania supporting a lawsuit brought by the Hope Rising Community Church, which alleges that the Borough of Clarion’s zoning code violates the Religious Land Use and Institutionalized Persons Act (RLUIPA).
The statement of interest was filed in Hope Rising Community Church v. Borough of Clarion, a lawsuit alleging that the Borough violated RLUIPA by enacting and enforcing zoning provisions that treat religious uses less favorably than similar secular assemblies. The lawsuit alleges that the Church has outgrown its current facility and that the only suitable property in the Borough is located in the Borough’s C-2 Commercial District. This District does not allow houses of worship, but permits nonreligious assembly uses like theaters and civic/cultural buildings. When the Church approached the Borough about using the property for religious purposes, Borough officials allegedly told the Church that the Borough would not grant zoning approval and that the Borough did not “need any more Churches.”
“Congress enacted RLUIPA to ensure that zoning ordinances treat religious assemblies on par with nonreligious assemblies,” said Deputy Assistant Attorney General Mac Warner of the Justice Department’s Civil Rights Division. “Zoning codes that prohibit religious uses while permitting comparable secular uses violate RLUIPA. Central to the Civil Rights Division’s mission is combatting religious discrimination and ensuring that houses of worship receive equal treatment under the law. We will continue to protect the foundational right of all Americans to religious freedom.”
The Borough filed a motion to dismiss the Church’s lawsuit, arguing in part that the Church had failed to properly allege an equal terms claim under RLUIPA and that the Church was not sufficiently injured by the Borough’s conduct to assert such a claim. The Department’s statement of interest refutes these contentions, explaining that the Church has properly alleged an equal terms claim and that the Church, which cannot develop its proposed religious facility, has suffered a concrete injury.
RLUIPA is a federal law that protects persons and religious institutions from unduly burdensome, unequal or discriminatory land use regulations. More information about RLUIPA and the Department’s efforts to enforce it can be found on the Place to Worship Initiative’s webpage.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the online RLUIPA complaint portal.