RLUIPA.org
Calvary Chapel O'Hare v. Village of Franklin Park, Illinois
Founded in 1996, Calvary Chapel O'Hare is currently located in a former real estate office. The church has doubled in size over the past year, and its 2500 square foot facility is no longer adequate for its approximately 200 members.
In October 2001, Pastor Jeff Deane met with the owner of Grand Bowl, a bowling alley on Grand Avenue in Franklin Park, Illinois. The Grand Bowl facility is much larger - some 19,000 square feet - and has often been rented out for a variety of assembly uses, including weddings, baptisms, graduation and birthday parties, luncheons and banquets. After checking with city officials, and being told by them that there would be "no problem" using the bowling alley as a church, the chapel entered into a contract to buy the property on February 2, 2002.
City officials later indicated that installation of a sprinkler system would be necessary, and Pastor Deane made clear that the church would be happy to comply.
But on March 26, Pastor Deane was informed by a city official that the church would not be allowed to use the building as a place of worship after all because the Village's zoning law does not permit them even as a conditional use in the C-3 district. On April 1, the Village Council met in closed session and affirmed that Calvary Chapel would not be allowed to use the property.
Franklin Park's zoning ordinance permits, as of right, many other assembly and institutional uses in the C-3 district: meeting halls, public baths, clubs and lodges (nonprofit and fraternal), banquet halls, massage salons, gymnasiums, theaters, hotels and motels, government buildings, schools, funeral parlors, hospitals and libraries, among others. Other nonreligious uses permitted as conditional uses in the C-3 district include: amusement parks/centers, stadiums, auditoriums and arenas, bowling alleys, dance halls, pool halls, recreation buildings and community centers and taverns and cocktail lounges, among others.
The Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") provides that "No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution."
On May 9, 2002, Calvary Chapel O'Hare filed suit (PDF format, 116K) against the Village of Franklin Park, charging violations of RLUIPA's "Equal Terms" provisions, as well as sections on imposing a "Substantial
Burden on Religious Exercise" and placing "Unreasonable Limitations" on religious assemblies. The complaint also alleges violations of the U.S. and Illinois Constitutions and the Illinois Religious Freedom Restoration Act.
The church filed a motion for partial summary judgment (PDF format) on May 29, 2002. At a hearing on May 31, 2002, Judge Norgle denied the motion.
On June 20, 2002, the Village of Franklin Park moved to dismiss the church's complaint, arguing, among other things, that "there are clear economic and social justifications for the City's overall zoning scheme, and these reasons are unrelated to the exercise of religion."
On June 24, 2002, the church filed a motion for a preliminary injunction (PDF format, 104K) against Franklin Park, seeking to prevent the Village from "enforcing its facially unlawful zoning code."
On July 29, 2002, the Village amended its Zoning Code to allow churches to apply for conditional uses in commercial zones, and modified the Code so that all forms of assembly, religious and non-religious, were treated alike (all were made conditional uses).
On September 3, 2002, the Village and Calvary Chapel O'Hare signed a Settlement Agreement (PDF format, 19K) under which Franklin Park agreed to accept an application for a conditional use permit from the church and consider it in an expeditious manner. The church agreed to dismiss the lawsuit, and the case was dismissed without prejudice on September 12, 2002.
Franklin Park approved the permit in January, 2003, the church formally purchased the property, and renovations are under way. Plans are to keep six of the original 20 bowling lanes for the church youth group's use.
Calvary Chapel O'Hare was represented by The Becket Fund for Religious Liberty and local attorney Timothy P. Dwyer. The case was assigned to U.S. District Judge Charles R. Norgle. (Calvary Chapel O'Hare v. Village of Franklin Park, Case 02C-3338, U.S. District Court for the Northern District of Illinois)
Media Coverage:
Tests of faith: Congregations that are trying to convert commercial spaces into houses of worship have hit zoning snags, but a recent federal law has caused one suburb to change its code (Crain's Chicago Business, by John T. Slania, March 24, 2003) [Crain's Chicago Business charges for access to full text of articles]
Church wants site, sues Franklin Park (Chicago Tribune [requires registration], May 10, 2002) [Archived, payment required for full text]
Articles & News Items
- "Franklin Park zoning laws violate federal religious land use law," May 9, 2002
- "Church asks federal court injunction against Chicago suburb," June 24, 2002
- "Victory in Calvary Chapel O'Hare's fight for equal treatment," September 6, 2002