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RLUIPA Does Not Protect Church Against Watershed Ordinance Restrictions

By Howard M. Friedman

In Hope in the City, Inc. v. City of Austin, Texas, (WD TX, Oct. 20, 2008), a Texas federal district court held a church that was prevented from paving over additional parts of its property for a parking lot had failed to allege facts showing a substantial burden on its exercise of religion. The church had not explored a number of alternatives to the proposed lot. The court therefore rejected a challenge to application of the Save Our Springs watershed protection ordinance to the church. The church had claimed that RLUIPA and the Texas Religious Freedom Restoration Act invalidated the city's refusal to allow it to construct the parking lot. Austin Legal yesterday reported on the decision. The court also rejected the church's claim that the proposed lot was protected under a "grandfather" clause, and rejected the church's procedural due process claim. (See prior related posting.)

Full post as published by Religion Clause on October 29, 2008 (boomark / email).