Becket Fund warns Key Biscayne not to violate federal lawFeb 22, 2005 Hearing tonight on request for rezoning for first synagogue The Becket Fund for Religious Liberty today submitted an advisory letter to the Village of Key Biscayne, FL, warning that denying a Jewish congregation’s request for rezoning would run afoul of federal law and the U.S. Constitution. Becket Fund Director of Litigation Derek Gaubatz will testify before the Key Biscayne Council at a hearing tonight.
Last year, Rabbi Yoel Caroline purchased a property in the village to provide the first Jewish house of worship in Key Biscayne's history. But although the property sits across the street from two Christian churches, the Congregation's plans have met resistance from neighbors who claim that a chabad will somehow be incompatible with the neighborhood.
“There’s nowhere else for the Chabad to go in Key Biscayne,” observes Becket Fund Director of Litigation Derek Gaubatz. “Only 5 properties in the whole village are allowed for houses of worship, and all of them are occupied by schools or Christian churches.”
The Village only allows houses of worship in institutionally-zoned areas. “In other words, there is no location anywhere in the Village where the Congregation may locate a Jewish house of worship,” the letter states. “As a result, absent approval of the Congregation’s application, the Village will have totally excluded the Congregation from its jurisdiction.”
“The denial of the Congregation’s application for a place of religious assembly and worship would substantially burden its ability to engage in fundamental religious activities,” The Becket Fund’s letter declares. “We are not aware of any interests that the Village might have sufficient to impose such a substantial burden on the Congregation’s religious exercise.”
Opponents of the Chabad have expressed concern primarily about traffic and parking. “However, courts have repeatedly concluded that traffic and parking, though understandable legitimate concerns, do not meet the high threshold of a ‘compelling’ government interest,” the letter explains.
The letter also notes that other churches have been allowed in the area. The residence is across the street from St. Agnes Catholic Church and Key Biscayne Presbyterian Church. The Becket Fund is a nonpartisan, interfaith, public-interest law firm that protects the free expression of all religious traditions. Accordingly, Becket Fund attorneys have become the nation’s leading experts on the Religious Land Use and Institutionalized Persons Act of 2000, which codifies constitutional principles derived from the First and Fourteenth Amendments and enjoys broad bipartisan support. In addition to conducting extensive litigation under the Act, they have written two law review articles on it, and they maintain a website dedicated to the Act, www.rluipa.org. Resources & Documents
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