Michigan RLUIPA suit

Sat Nov 10 12:44:14 PST 2007

  If the article is accurate, that is probably a tactical mistake.
Now they have to prove that going through the variance procedure is a
substantial burden on their religion.  Unless going through the
variance procedure is obviously futile, that's an implausible claim. 
And federal courts will be very reluctant to find that the procedure
is futile.  Seventh Circuit rejected such a claim in the CLUB
litigation.

  Quoting Ed Brayton <stcynic at crystalauto.com>:

> It appears from the article, though, that this suit is being filed
just
> over the municipality demanding that they file for a variance, not
for
> refusing the variance. Does that change the analysis at all?
>
> Ed Brayton
>
> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Douglas
Laycock
> Sent: Saturday, November 10, 2007 10:17 AM
> To: Paul Finkelman
> Cc: religionlaw at lists.ucla.edu
> Subject: Re: Michigan RLUIPA suit
>
>
>
> In the absence of evidence that significant numbers in a local
> congregation were doing what Marci describes (driving in before
sundset
> and parking for the entire Sabbath), the reliance on parking regs
would
> be pretextual.  See Orthodox Minyan v. Cheltenham Twp. Zoning
Board, 552
> A.2d 772 (Pa. Comw. Ct. 1989), where the Township mechanically
applied
> its zoning rule of 1 parking space for every 3 seats to the
Orthodox
> Minyan. No variance; irrelevant that most of the Minyan walked to
> services.
>
> So the Minyan leased enough parking spaces from neighbors to meet
the
> formula.  Not good enough; you have to own the spaces and they have
to
> be adjacent to your property.  Finally the Minyan agreed to build
enough
> parking spaces on their own property.  Ah ha says the Township: 
all
> those parking spaces imply lots of traffic and you will create a
traffic
> problem.  Permit denied.  The court overturned the zoning board on
state
> law grounds.
>
> This is the most detailed example I know, but at the RLUIPA
hearings,
> there was a fair amount of testimony about deliberate exclusion of
> Orthodox places of worship.  They did not all have such happy
endings.
>
> Quoting Paul Finkelman <pfink at albanylaw.edu>:
>
>> 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[1]-
> 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
>>
>> Links:
>> ------
>> [1]
>>
>
/horde/services/go.php?url=http%3A%2F%2Fwww.journalgroup.com%2FNorthvill
> e%2F6343%2Flawsuit-accuses-township-of-religious-harassment
>> [2]
>>
>
/horde/services/go.php?url=http%3A%2F%2Flists.ucla.edu%2Fcgi-bin%2Fmailm
> an%2Flistinfo%2Freligionlaw
>>
>> ----- 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
>>
>> Links:
>> ------
>> [1]
>>
>
/horde/services/go.php?url=http%3A%2F%2Fwww.journalgroup.com%2FNorthvill
> e%2F6343%2Flawsuit-accuses-township-of-religious-harassment%5B1
>> [2]
>>
>
/horde/services/go.php?url=http%3A%2F%2Flists.ucla.edu%2Fcgi-bin%2Fmailm
> an%2Flistinfo%2Freligionlaw%5B2
>>
>>
>>
>>
>>
>
>
> 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
>
>

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

Links:
------
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[2] 
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