RLUIPA.org
Hawaii Planning Commission ignores federal law, denies church permit
Members of the Maui Planning Commission yesterday decided to ignore the federal Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") and voted to deny an application for a special use permit from the Hale O Kaula church. The small congregation of approximately 60 members has been trying to get permission to build a modest worship facility on a six acre lot in an agricultural area of the island of Maui since 1995.
Becket Fund attorneys Anthony Picarello and Roman Storzer joined local attorney Charles Hurd in presenting the church's case to the Commission during a hearing Wednesday afternoon, June 27, at Maui County offices in Wailuku. They will now prepare a court challenge to the Commission's action, details of which will be announced at a later date.
Picarello said that discrimination against the small church was clearly evident. "In the course of their opposition," he said, "neighbors stated on the record and elsewhere that they felt ‘strange and uncomfortable' and ‘unsettled' about church members, whom they accused of being a ‘cult' and a ‘so-called church' or ‘commune.' Even the hearing officer acknowledged before the Commission the irrationality of the neighbors' opposition."
The hearing officer nevertheless found that the government should not permit religious assembly at the property because of potential traffic and noise impact on the neighborhood, even though the ordinance allows—as of right—such uses as a pineapple cannery or pig farm, whose potential impact on the neighborhood is much greater. The ordinance would also allow such non-religious assembly uses as a rodeo arena, polo field or community center, also as of right.
Picarello added that "in addition, forbidding worship on this agricultural property uniquely burdens this particular faith community's religious exercise because agricultural and outdoor recreational activity is so central to their religious beliefs and ministry. In spite of all this, the commission refused to apply the federal Constitution and RLUIPA to this case, and instead adopted the hearing officer's report and recommendations."