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Chabad Wins On Challenge To Florida City's Zoning Rules

By Howard M. Friedman

In Chabad of Nova, Inc. v. City of Cooper City, (SD FL, July 29, 2008), a Florida federal district court ruled in favor of an Orthodox Jewish Chabad group on most of its challenges to a Cooper City (FL)'s zoning restrictions imposed on houses of worship. The group was prevented from opening an Outreach Center in an area zoned for business. The court agreed with Chabad that portions of the city's regulations, both before and after they were amended in 2006, violate the Exclusion Provision of RLUIPA (Sec. 2(b)(3)(b)) which bans land use regulations that unreasonably limit religious assemblies in a local community. It also held that the city's prohibition of religious assemblies in Business Districts violates the Equal Protection Clause. Fianlly, the court refused to dismiss Chabad's First Amendment claims. Today's South Florida Sun-Sentinel reporting on the decision says that a trial is scheduled Monday on the issue of damages.

Full post as published by Religion Clause on July 30, 2008 (boomark / email).