Church asks federal court injunction against Chicago suburb

Jun 24, 2002

Calvary Chapel O'Hare, a growing non-denominational church located near Chicago's O'Hare Airport, today asked a federal judge to enjoin the suburb of Franklin Park from "enforcing its facially unlawful zoning code." Franklin Park's zoning ordinance prohibits places of worship anywhere in its C-3 (commercial) zoning district, even though it allows many other similar forms of assembly, including meeting halls, clubs, lodges or theaters.

Such discrimination violates the U.S. Constitution and is clearly prohibited by the federal Religious Land Use and Institutionalized Persons Act of 2002 ("RLUIPA"), which states, "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."

Calvary Chapel O'Hare filed a lawsuit against Franklin Park on May 9, 2002, after village officials reversed earlier guidance given by zoning officials and told Pastor Jeff Deane that the church would not be allowed to use a local bowling alley for worship. "The Grand Bowl property is uniquely suited to meet Calvary Chapel's religious needs," according to a memorandum filed with the court today (PDF format, 244K). It has been rented out for a variety of events, including graduations and banquets. (Under the ordinance, people can gather for a banquet in the C-3 zone, but not a communion meal.) "Without being able to close the transaction to purchase the Grand Bowl property, Calvary Chapel will lose this unique property and will be without adequate worship facilities," the memo states.

Founded in 1996, the church has grown to more than 200 members, and its present location in a former real estate office and can no longer accommodate the growing congregation's needs.

The church also asked Judge Ronald Norgle to reconsider his earlier ruling that the challenge to the zoning law was not ripe. Calvary Chapel O'Hare is represented by The Becket Fund for Religious Liberty and by local attorney Timothy P. Dwyer. The full text of today's court filings and considerable additional information about the case can be found on The Becket Fund's web site, www.becketfund.org .

Relevant Cases

• Calvary Chapel O'Hare v. Village of Franklin Park, Illinois