Written by Don Byrd
The Justice Department’s Civil Rights Division filed suit yesterday against Pittsfield Township in Michigan for discriminating against a Muslim Islamic Academy’s zoning request. The school sought to purchase space in the township to alleviate facility concerns, but was denied by the planning commission, which cited traffic and noise.
The complaint argues the denial violated the religious liberty rights of the Muslim Community Association of Ann Arbor under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). A government attorney explains in a Justice Department press release announcing the suit:
“The law prohibits the government from imposing land use regulations that substantially burden religious exercise unless there is a compelling government interest and uses the least restrictive means of doing so,” said U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan. “This complaint alleges that Pittsfield Township denied the Michigan Islamic Academy’s request to build a school in violation of that law. We filed this lawsuit to protect the right of all Americans to practice their religion and receive the religious instruction and education of their choice.”
RLUIPA is clear: local governments may not use zoning regulations as a means of choosing which religions will be allowed to flourish in their communities, and which will be denied.
See more BJC resources on RLUIPA.
