RLUIPA and light pollution?

Ed Brayton stcynic at crystalauto.com
Sat Dec 9 21:34:37 PST 2006


Here's an interesting situation I'd like to get some opinions about.

http://www.thedesertsun.com/apps/pbcs.dll/article?AID=/20061209/NEWS01/612090325

A church in Palm Desert, CA, has a giant lit cross that apparently 
violates the local light pollution ordinances (it's about 6 times 
brighter than the zoning laws allow). According to Phil Plait 
(http://www.badastronomy.com/bablog/2006/12/09/science-versus-religion/), 
an astronomer, it's causing problems for the Mt. Palomar space 
telescope, and apparently Federal law requires that all such lights 
within 45 miles of the observatory be shut off at night. A law professor 
from USC says that the RLUIPA prevents any enforcement of those 
statutes, but that strikes me as unlikely. Any thoughts?

Ed Brayton


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