The Justice Department has filed a statement of interest in the Western District of Pennsylvania, supporting Hope Rising Community Church's lawsuit against the Borough of Clarion. The church alleges that the borough's zoning code violates the Religious Land Use and Institutionalized Persons Act (RLUIPA) by treating religious assemblies less favorably than secular ones.
Hope Rising Community Church claims it has outgrown its current facility and seeks to use a property in Clarion's C-2 Commercial District, which permits nonreligious assembly uses but not houses of worship. When approached, borough officials allegedly denied zoning approval, stating there was no need for more churches.
"Congress enacted RLUIPA to ensure that zoning ordinances treat religious assemblies on par with nonreligious assemblies," stated Deputy Assistant Attorney General Mac Warner from the Justice Department's Civil Rights Division. "Zoning codes that prohibit religious uses while permitting comparable secular uses violate RLUIPA."
The Borough of Clarion has moved to dismiss the lawsuit, arguing that the church failed to properly allege an equal terms claim under RLUIPA and was not sufficiently injured by their actions. The Justice Department's statement counters these points, asserting that Hope Rising Community Church has adequately alleged an equal terms claim and suffered concrete injury due to being unable to develop its proposed facility.
RLUIPA is designed to protect individuals and religious institutions from burdensome or discriminatory land use regulations. More information about this law can be found on the Place to Worship Initiative’s webpage. Those who believe they have faced discrimination in land use or zoning decisions are encouraged to contact the Civil Rights Division Housing and Civil Enforcement Section.