Hallandale Beach warned that plan to ban churches violates federal law

Jan 17, 2003

The Becket Fund for Religious Liberty, a public interest law firm based in Washington, D.C., cautioned city officials that a proposed amendment to the Hallandale Beach, Florida zoning ordinance, barring "churches, synagogues and other houses of worship" from locating "in the South Federal Highway Corridor" would "clearly violate the Religious Land Use and Institutionalized Persons Act of 2000" ("RLUIPA"). The City Commission of the Miami suburb is scheduled to take a final vote on the proposal at its regular meeting on Tuesday, January 21, 2003.

In a letter (PDF format, 76K) sent earlier this week, Becket Fund attorneys Rebecca Rees and Roman Storzer note that the proposed ordinance language "singles out religious uses for disfavorable treatment," clearly violating a provision of RLUIPA providing that "No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution."

The letter adds that "We recognize that because RLUIPA is a relatively new statute the City may not have been aware that it applies here, or what it requires," and offers to provide more detailed information if the city would find it helpful. RLUIPA was passed with virtually unanimous support in Congress. Its two principal sponsors in the Senate were Ted Kennedy and Orrin Hatch. Dozens of cases have been filed under the law over the past two years, including many in which The Becket Fund represents churches, synagogues and other religious groups who have been victims of discriminatory local zoning laws.

The full text of the letter , along with further information about the law and court cases relying upon it can be found at www.rluipa.com , a website operated by The Becket Fund as an internet resource for attorneys, journalists and representatives of religious organizations. Information about all of The Becket Fund's activities can be found at www.becketfund.org.

Relevant Cases

• Hallandale Beach, Florida