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Becket Fund joins Unitarian church suit against Fairlawn
An amended complaint charging Fairlawn, Ohio with violations of the U.S. and Ohio constitutions and of a new federal law was filed today in Unitarian Universalist Church of Akron v. City of Fairlawn.
The newest filing with the U.S. District Court for the Northern District of Ohio adds The Becket Fund for Religious Liberty as co-counsel with the law firm of Buckingham, Doolittle & Burroughs, which has been representing the church since the lawsuit was first filed last December 4. The Becket Fund is a Washington, D.C.-based public interest law firm with broad experience in federal litigation involving religious discrimination, and won the first case to be decided under the new Religious Land Use and Institutionalized Persons Act (RLUIPA), which figures prominently in the Fairlawn case.
The amended complaint filed today also adds two additional plantiffs in the case: Rev. Nancy O. Arnold, who has been the spiritual leader of the Unitarian Universalist Church of Akron since 1994; and Charles Nelson, a member of the Church.
The church bought the property in 1958 and has occupied its present facility on the site since 1961, at a time when the area was zoned residential (R-2) and before Fairlawn was established. In 1993, the city adopted a new zoning ordinance establishing three zoning districts, with "M-3" the only district where churches would be allowed. Even there, however, churches are not permitted as of right, and must be specially authorized. The city refused to rezone the church property and refused to provide a zoning variance so that the church could build a proposed new Fellowship Hall. The present 40 year old facility can accommodate only about 25 percent of the church membership for fellowship activities such as dinners, workshops, etc.
In asking Judge Wells to dismiss the case, the city argues that RLUIPA is unconstitutional. The Becket Fund, which operates a web site devoted entirely to the new law (www.rluipa.com), is providing its expertise in preparing a brief for the court that defends its constitutionality.