RLUIPA.org
Synagogue in Tiburon, CA Calls on Becket Fund for Zoning Appeal
Congregation Brings in RLUIPA Experts to Help Ensure Victory
For more than 20 years, Congregation Kol Shofar has been the only synagogue in Tiburon, a bucolic seaside bedroom community of 8,000 just minutes from San Francisco over the Golden Gate Bridge. For those two-plus decades, the community welcomed its presence. Now a small number of residents are trying to block the synagogue’s plans to expand on its existing seven-acre site.
Earlier this year, the Tiburon Planning Commission declined the Conservative congregation’s plans to remodel and expand its existing synagogue and pre-school. The congregation has appealed to the Tiburon Town Council and is backed by more than 20 Christian clergy from the area who came out in support of Kol Shofar. To further fortify its appeal, Kol Shofar brought on The Becket Fund for Religious Liberty, the most successful team of lawyers regarding such cases.
The Becket Fund is a Washington D.C.-based international, interfaith public interest law firm dedicated to protecting the free expression of all religious traditions. In addition, The Becket Fund is the nation’s most successful firm litigating under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the United States and California Constitutions in such matters.
“We agreed to participate in this case for as long as necessary because a clear violation of RLUIPA and corresponding constitutional protections has occurred,” said Derek Gaubatz, director of litigation for The Becket Fund. “Denying Kol Shofar the ability to practice its religion as Kol Shofar sees fit could mean opening Tiburon to years of litigation and millions of dollars in damages and attorneys’ fees.
“And that could be the least of their worries,” he added. “The Department of Justice may launch an investigation into the matter as they have in other such cases where RLUIPA is challenged, all because of a small band of disgruntled neighbors in Kol Shofar’s residential enclave.”
The Becket Fund has been successful with such cases in 12 states, including California.
“In California, we recently successfully argued cases against the City of Lake Elsinore and the County of Sutter,” said Gaubatz. “In addition, another client received a multi-million dollar settlement and we currently represent Redwood Christian Schools in its $30 million lawsuit against Alameda County.
“We are pleased to be teaming up with the local law firm of Ragghianti and Freitas on behalf of religious liberty, generally, and Congregation Kol Shofar, in particular,” Gaubatz said.
Following an initial hearing to field public comment on October 24, 2006, the Tiburon Town Council is expected to rule on the appeal November 15, 2006.
Media Coverage:
"With expansion plans in flux, Kol Shofar throws down gauntlet" (Clevelandnews.net: October 13, 2006)