The United States Department of Justice has expressed support for a Pennsylvania church that is suing a borough over its refusal to allow it to move into a neighborhood.
Last year, The Hope Rising Community Church sued the Borough of Clarion over local officials’ decision to reject an application to purchase property in a given neighborhood.
The DOJ filed a statement of interest on Monday backing the church, which alleges that the borough is violating the Religious Land Use and Institutionalized Persons Act.
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“The Amended Complaint plausibly alleges a facial equal terms claim under RLUIPA because the C-2 District excludes religious assembly uses while permitting nonreligious assembly uses like ‘theaters’ and ‘civic/cultural buildings’ even though these uses all similarly impact the zoning district’s ‘regulatory purpose,’” read the statement of interest.
“The Church also has standing to bring its facial equal terms claim. It alleges a concrete injury in that the Borough’s Zoning Code has stymied its efforts to buy and develop the only suitable property for the Church in Clarion.”
The DOJ went on to argue that “the Court can issue meaningful relief by enjoining the zoning provisions that violate RLUIPA’s equal terms provision, which would allow the Church to proceed with its plan to develop a church.”
“Zoning codes that prohibit religious uses while permitting comparable secular uses violate RLUIPA,” said Deputy Assistant Attorney General Mac Warner of the Justice Department’s Civil Rights Division, in a press release issued Monday.
“Central to the Civil Rights Division’s mission is combatting religious discrimination and ensuring that houses of worship receive equal treatment under the law. We will continue to protect the foundational right of all Americans to religious freedom.”
In 2013, the borough adopted a zoning code that prohibits houses of worship from owning buildings in its three commercial districts, though it does allow for “civic/cultural buildings.”
Hope Rising Community Church filed its lawsuit against the borough last November after local officials denied its request to move into a property located in the C-2 Commercial District.
According to court documents, the church claims it needs the commercial district property to accommodate its 600-member congregation which has outgrown its present space.
“I hope you find a building outside the Borough, because we don’t need any more Churches,” the city manager told the church, according to the statement of interest.
