RLUIPA and light pollution?

[hamilton02 at aol.com]

RLUIPA is not blanket protection from the operation of the law.  I would think that the federal laws at issue here would satisfy strict scrutiny.  I also have some questions regarding whether the intensity of the light bulb can be argued as a substantial burden on "religious exercise."  RLUIPA defines religious exercise to include any potential belief, not just central beliefs, but the light intensity argument seems to me to be a very tough one for the religious entities to win.  Moreover, where is the burden on reducing the wattage?  RLUIPA is unlikely to assist the religious entity here.
 
Marci 
 
Marci A. Hamilton 
Paul R. Verkuil Chair in Public Law
Benjamin N. Cardozo School of Law
Yeshiva University 
 
 
-----Original Message-----
From: stcynic at crystalauto.com
To: religionlaw at lists.ucla.edu
Sent: Sun, 10 Dec 2006 12:34 AM
Subject: RLUIPA and light pollution?


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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