RLUIPA.org
De Pere officials warned against violating federal religious land use law
The Becket Fund for Religious Liberty, which has represented dozens of churches and other religious organizations in lawsuits filed under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), today warned the De Pere Common Council that denial of a conditional use permit to the New Life Christian Fellowship "violates both RLUIPA and the United States Constitution." De Pere is a small community on the outskirts of Green Bay, Wisconsin
On February 19, 2003 the Council voted 5-2 to reject the church's application for a conditional use permit that would have allowed it to use a vacant commercial building at 113 N. Wisconsin Avenue as a place of worship. The Council will have an opportunity to reconsider its action at its meeting tomorrow, March 5.
In a letter (PDF format, 63K) delivered to the Mayor and Common Council members today, Becket Fund Legal Counsel Derek Gaubatz cautions that "if New Life Christian Fellowship is denied the ability to use the Property for church services and other religious ministries, that denial would ‘substantially burden' its religious exercise," something the city can only do if it has a "compelling government interest," which courts have defined as "interests that address a clear and present, grave and immediate danger to public health, peace and welfare. The only governmental interest identified by the City—essentially the need to preserve the area for revenue generating retail business—simply does not meet that high hurdle."
Moreover, the city's action violates RLUIPA's "Equal Terms" provision because it permits "as a matter of right" theaters, gymnasiums, day care centers and certain types of schools, but "refuses to allow assembly for religious purposes."
"Finally, it is especially unfortunate that the City appears to have adopted and enforced its zoning requirements preventing the Church's location in the business district for the very purpose of discriminating against religious institutions," the letter notes. A letter from Alderperson Mike Fleck, made part of the record on February 19, explains that the revised zoning code "says we do not want to have churches in our downtown business district."