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Becket Fund Wins First Case Under New Law
In the first case decided under provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA), a small church in western Michigan has won the right to occupy a storefront property located in a business district where "places of assembly"—but not churches— were already permitted. The Becket Fund for Religious Liberty had filed suit on behalf of the Haven Shores Community Church in federal district court on March 10, 2000, charging that zoning officials had violated the U.S. and Michigan constitutions in denying the church permission to move into the storefront. An additional count was added to the complaint in September, after the new federal law was signed by President Clinton. The city initially fought the lawsuit, but when RLUIPA became law, officials concluded that there was little chance that they would succeed.
In a consent judgment approved by U.S. District Court Judge David W. McKeague, the city acknowledges that "a decision under the City of Grand Haven Zoning Ordinance, as it is currently written, that prohibited a church or other religious use in the B-1 Zoning District would not survive review under the Religious Land Use and Institutionalized Persons Act of 2000."
The judgment also states that "Under the current United States and Michigan Constitutions and laws, a church or other religious use . . . is, despite any contrary provision of the current City zoning ordinance, allowed as a permitted use" in the B-1 zoning district where the church had leased space.
Becket Fund President and General Counsel Kevin J. Hasson called the case "a very satisfying victory, both because it represents the first successful lawsuit under RLUIPA, and because Grand Haven ultimately recognized the fact that the U.S. Constitution provides important protections for the free exercise of religion that are too often violated by local zoning ordinances around the country. Grand Haven officials did the right thing in settling the suit, and we commend them for it. This case is a wake-up call for other communities that assume they have nearly unlimited latitude in using zoning laws to severely restrict churches and other religious organizations. This was the first victory under RLUIPA, but it won't be the last," he concluded.
Additional information about Haven Shores Community Church v. City of Grand Haven can be found on The Becket Fund website, at www.becketfund.org.