RLUIPA.org
Letter Advises Fayetteville, AR Officials Not to Deny First Synagogue
On February 20, 2006, The Becket Fund for Religious Liberty sent an advisory letter to the Mayor and City Council of Fayetteville, Arkansas warning them that a denial of Temple Shalom Congregation’s Conditional Use Permit would violate both the U.S. Constitution and federal law.
The Becket Fund for Religious Liberty is a nonpartisan, interfaith, public interest law firm dedicated to protecting the free expression of all religious traditions. The Becket Fund, specializing in First Amendment and RLUIPA (Religious Land Use and Institutionalized Persons Act of 2000) litigation, frequently litigates to defend the land use rights of religious institutions against local land use officials and regulations that discriminate against or disparately treat the institution’s religious exercise.
The letter advises Fayetteville officials that “[t]he denial of the Congregation’s application for a place of religious assembly and worship would substantially burden its ability to engage in fundamental religious activities. Courts have repeatedly found that denying the members of a religious body the ability to use their property to conduct core religious practices of worship constitutes a substantial burden on religious exercise.”
The Becket Fund further cautions the Mayor and City Council that “[t]o deny this Congregation’s application to be the first Jewish synagogue in Fayetteville (particularly if based on alleged concerns of incompatibility with the neighborhood) when Christian churches are located in other residential zones within the city would legitimately give rise to serious concerns under RLUIPA’s non-discrimination provision.”
Resources & Documents
- Feb 20, 2006 Letter to Fayetteville Officials (PDF, 79.54KB)