RLUIPA.org
Hallandale Beach, Florida
Hallandale Beach is a suburb of Miami, situated just north of the Broward County line. On January 7, 2003, the City Commission gave preliminary approval to a zoning change that would ban "churches, synagogues and other houses of worship" along South Federal Highway, otherwise known as U.S. Route 1, a major north-south thoroughfare that parallels I-95 along the east Florida coast. A final vote on the measure was scheduled for the Commission's January 21 meeting, but the commissioners decided instead to defer action pending further review.
Hallandale Beach also bans churches in its financial district, an area called "Fashion Row," and on North Dixie Highway (another north-south street a few blocks west of South Federal Highway).
On January 13, 2003, The Becket Fund for Religious Liberty sent a letter to the Mayor and other officials of Hallandale Beach cautioning that the amended ordinance "would clearly violate the Religious Land Use and Institutionalized Persons Act of 2002" because it "singles out religious uses for disfavorable treatment." In adopting such an ordinance, the city would be "expressing an official hostility toward religious institutions." The prohibition would also "impose a 'substantial burden' on religious exercise in a manner that does not serve a 'compelling governmental interest' by the 'least restrictive means.'"
The letter concludes by noting that "because RLUIPA is a relatively new statute, the City may not have been aware that it applies here, or what it requires. If the City would find it helpful, we would be happy to provide more detailed information about RLUIPA. In any event, we will continue to monitor these proceedings with great interest."
On January 21, city commissioners deferred action on the proposal, to allow time to consider the issues raised in the Becket Fund letter. But five months later, on June 17, 2003, the commissioners voted unanimously to impose the ban, thereby leaving the city open to RLUIPA litigation should a house of worship decide it wants to locate along South Federal Highway and challenge the city ban.
Articles & News Items
- "Hallandale Beach warned that plan to ban churches violates federal law," January 17, 2003