Michigan RLUIPA suit

[Paul Finkelman]

I am sure it must because it is late at night and I have been traveling
all day, and so I am fogged in, but I can't quite figure out how a
parking regulation would be used against Orthodox Jews wanting to build
in the neighborhood since, as Doug points out, they don't drive to
services.  I hope Doug can elaborate on this one.  

Paul Finkelman
President William McKinley Distinguished Professor of Law
     and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York   12208-3494

518-445-3386 
pfink at albanylaw.edu
>>> laycockd at umich.edu 11/09/07 10:54 PM >>>


  Where are they parked?  "Around" the building on their own
property? Or "around" the property on public streets that must be
shared with others?

  Reasonable parking regs generally prevail, as Ed says. But there
are also cases where parking regs are plainly being used to get rid
of somebody -- the most flagrant examples are Orthodox synagogues,
where the worshipers can't drive on the Sabbath and so they never
bring their cars at the same time.  And it is easy to imaging parking
regs where we might not be sure of motive, but the burden on the
religious group is severe and the public benefit is trivial.

  Quoting Ed Darrell <edarrell at sbcglobal.net>:

> Unless they are worshipping cars, or unless their rites include the

> heavy parking of cars on streets, the religious order will have to
> comply with local parking regulations.
>
> Where was the Thomas More Center when the Mormons in Virginia were
> fighting this issue?  (Silly question -- the Thomas More Center
> probably didn't exist prior to 1983.)
>
> There are safety and environmental concerns.  This is an old zoning

> issue.  Are there special conditions for this case that might
change
> the outcome?
>
> Ed Darrell
> Dallas
>
> Ed Brayton <stcynic at crystalauto.com> wrote:   Message   
http://www.journalgroup.com/Northville/6343/lawsuit-accuses-township-of-religious-harassment[1[1]]
>
> The Thomas More Law Center  is filing suit against a Michigan
> municipality for demanding that a religious  order apply for a
zoning
> variance because of all the cars parked at and around  their
> facility. The TMLC says this violates the RLUIPA.  Thoughts?
>
> Ed  Brayton
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Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713

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----- End forwarded message -----

Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713

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