RLUIPA.org
"Monks File Suit Against City to Worship at Home," Virginian-Pilot
Roman Storzer of Storzer and Greene has brought another RLUIPA case, this time on behalf of Buddhist monks in Virginia Beach, VA. As described in the The Virginian-Pilot article, the monks claim that the city council violated RLUIPA and the First Amendment:
The City Council o n Aug. 26 voted to deny the monks' request for a two-year extension to hold Sunday services at their house on West Neck Road.
Some neighbors had complained that the services drew too much traffic and was inappropriate for a primarily residential and farming community.
Deputy City Attorney Bill Macali said he hasn't seen the suit but maintained that the council made its decision based on land-use issues, not religion.
"The City Council did not take into account that this was a Buddhist temple," Macali said.
The Religious Land Use and Institutionalized Persons Act prohibits localities from adopting zoning that "imposes a substantial burden" on people's ability to practice their religion unless there is a compelling governmental reason. The law also requires that religious and non religious institutions be treated the same.
[The monks' lawyer] said the council failed to provide a compelling reason to deny the permit.
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