RLUIPA.org
Becket Fund Letter Defends Chabad's Use of Property for Assembly, Worship
On March 22, 2006, The Becket Fund for Religious Liberty sent Mayor Mark Epley and the Village of Southampton Zoning Board of Appeals (NY) a letter concerning the Chabad of Southampton, Inc.’s application for a Special Exception Permit so that it may use its property for religious assembly and worship. The Becket Fund cautions the Mayor and Zoning Board of Appeals that a denial of the application would subject the Board to liability under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).
In the letter, The Becket Fund argues that “[a] denial of Chabad’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 letter notes that Southampton faces the same liability under RLUIPA that a New York federal court recently imposed on the Village of Mamaroneck for its decision to withhold a zoning permit from a Jewish school, thereby "hindering and significantly interfering" with the school's religious exercise. The Becket Fund also intervened as an amicus in that case, Westchester Day School v. Village of Mamaroneck.
The Becket Fund further cautions Village officials that since “[e]very house of worship presently located in the Village of Southampton is Christian,” “[t]o deny Chabad’s application to be the first Jewish House of Prayer in the Village of Southampton (particularly if based on alleged concerns of incompatibility with the neighborhood) when Christian churches are located on the same block, in the same zoning district, would legitimately give rise to serious concerns under RLUIPA’s non-discrimination provision.”
“There is a disturbing trend throughout the country of cities that have numerous Christian churches suddenly claiming they lack room for one more house of worship when a Jewish congregation comes knocking at the door," explained Derek Gaubatz, Director of Litigation for The Becket Fund. "We sincerely hope Southampton will not follow that path."
The Becket Fund successfully represented the plaintiffs in the first case resolved under RLUIPA, Haven Shores Community Church v. City of Grand Haven, and has since brought successful suits under RLUIPA in courts across the country, including in Alabama, California, Colorado, Florida, Georgia, Hawaii, Illinois, Michigan, New Hampshire, New Jersey, New York, and Texas.