Charisma News Service

LOS ANGELES, U.S.A., June 30, 2003: In a ruling that could significantly impact land-use issues for all religious congregations nationwide, a Los Angeles district judge this week struck down a federal law that protects churches, synagogues, and temples from attempts by local governments to limit new construction of religious buildings with restrictive zoning and land use regulations. In a case involving Elsinore Christian Center, Stephen Wilson ruled that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) is unconstitutional. The bill had been passed unanimously by Congress and signed by President Clinton, the attorney representing ECC noted. “In its opinion, the court said that the city violated RLUIPA, but instead of sticking with that decision, the court decided to declare RLUIPA unconstitutional,” he added, and vowed to appeal Wilson’s decision to the Supreme Court.



The case goes back to 2001 when EEC sued city officials after the Assemblies of God congregation was denied a permit to move to a commercial building. Citing RLUIPA, the church also alleged violations of its First Amendment rights to free speech, freedom of assembly and free exercise of religion. The church wanted to buy an old grocery store and move its congregation to the new location. Officials denied the permit, saying that the city would lose sales-tax revenue and downtown residents would lose their only market. As the litigation worked through the courts, the owner sold to another buyer. HPI adds: RLUIPA provided protection for Hindu temples also, in that local governments could not “zone” them out of their area.