
The USA Division of Justice has expressed help for a Pennsylvania church that’s suing a borough over its refusal to permit it to maneuver right into a neighborhood.
Final yr, The Hope Rising Neighborhood Church sued the Borough of Clarion over native officers’ determination to reject an utility to buy property in a given neighborhood.
The DOJ filed a press release of curiosity on Monday backing the church, which alleges that the borough is violating the Non secular Land Use and Institutionalized Individuals Act.
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“The Amended Criticism plausibly alleges a facial equal phrases declare beneath RLUIPA as a result of the C-2 District excludes spiritual meeting makes use of whereas allowing nonreligious meeting makes use of like ‘theaters’ and ‘civic/cultural buildings’ although these makes use of all equally impression the zoning district’s ‘regulatory objective,’” learn the assertion of curiosity.
“The Church additionally has standing to convey its facial equal phrases declare. It alleges a concrete damage in that the Borough’s Zoning Code has stymied its efforts to purchase and develop the one appropriate property for the Church in Clarion.”
The DOJ went on to argue that “the Courtroom can situation significant reduction by enjoining the zoning provisions that violate RLUIPA’s equal phrases provision, which might enable the Church to proceed with its plan to develop a church.”
“Zoning codes that prohibit spiritual makes use of whereas allowing comparable secular makes use of violate RLUIPA,” stated Deputy Assistant Lawyer Basic Mac Warner of the Justice Division’s Civil Rights Division, in a press launch issued Monday.
“Central to the Civil Rights Division’s mission is combatting spiritual discrimination and guaranteeing that homes of worship obtain equal therapy beneath the legislation. We are going to proceed to guard the foundational proper of all People to non secular freedom.”
In 2013, the borough adopted a zoning code that prohibits homes of worship from proudly owning buildings in its three business districts, although it does enable for “civic/cultural buildings.”
Hope Rising Neighborhood Church filed its lawsuit in opposition to the borough final November after native officers denied its request to maneuver right into a property positioned within the C-2 Industrial District.
Based on court docket paperwork, the church claims it wants the business district property to accommodate its 600-member congregation which has outgrown its current house.
“I hope you discover a constructing outdoors the Borough, as a result of we don’t want any extra Church buildings,” the town supervisor informed the church, based on the assertion of curiosity.