Justice Department Closes Investigation After Zoning Change Allows Church to Move Into New Facility
On February 13, the Justice Department closed its RLUIPA investigation of the City of Norfolk, Nebraska, after the city amended its zoning code to treat places of worship equally with various nonreligious uses. The Department had opened the investigation after the city denied Our Savior Lutheran Church permission to move into a building it had purchased in an industrial zone.
In the fall of 2015, Our Savior Lutheran contracted to purchase a 60,000-square-foot former warehouse in an industrial zone in Norfolk. The church had outgrown facilities it had occupied in Norfolk since the 1960s. The city told the church, however, that it could not move into the site because it was a church, and churches are not permitted in the industrial zone. However, the city permits various nonreligious assemblies operate as of right in the industrial zone, including business and civic associations, labor unions, daycare centers, athletic clubs, dance halls, and movie theaters.
In October 2016, the Department of Justice opened an investigation of the City of Norfolk under RLUIPA. Section 2(b)(1) of RLUIPA states 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.”
On December 20, the City Council passed an ordinance that made several changes to the City’s zoning laws. Among other things, the ordinance amended the land use matrix so that religious assemblies are now permitted as of right in the I-1 zoning district. In light of these changes, Our Savior Lutheran Church is moving ahead with its plans to renovate the distribution warehouse and, after reviewing the changes, the Department closed its investigation.
And another involving a mosque:
Justice Department and City Resolve RLUIPA Suit Over Mosque Denial
On March 10, a federal court in Michigan approved a settlement of the United States’ suit against the City of Sterling Heights under the Religious Land Use and Institutionalized Persons Act (RLUIPA), which alleged that the city illegally denied a mosque approval to build in the city.
The United States had filed suit on December 15 alleging that the city discriminated against the American Islamic Community Center (AICC) on the basis of religion when it denied AICC zoning approval for a mosque. The suit also alleged that the denial imposed a “substantial burden” on AICC’s religious exercise in violation of RLUIPA. The AICC, currently located in Madison Heights, Michigan, sought the Sterling Heights location because it is more centrally located for its members and its current space has become too small to accommodate its worship, educational and social needs.
On the day the settlement was announced, Acting Assistant Attorney General Tom Wheeler noted that “Federal law protects the right of faith communities to build places of worship without discrimination or unreasonable burdens on their religious exercise. We commend the city of Sterling Heights for agreeing to approve the AICC’s mosque, so that it can serve its members and contribute to the surrounding community.”
RLUIPA provides a number of protections for places of worship, religious schools, and other religious uses of land from discriminatory or unreasonable zoning restrictions. Further information about RLUIPA, including reports on its enforcement and Questions and Answers about its various provisions, may be found at the Civil Rights Division Housing and Civil Enforcement Section’s RLUIPA page.
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