Religious Land Use and Institutionalized Persons Act

Recently I went before a three-judge panel at the 11th Circuit Court of Appeals.
I presented an oral argument in defense of a local Christian ministry in Cherokee County, Georgia called Vision Warriors Church, Inc.Show more

The church is known for helping men overcome their issues with addiction and trauma.
It’s also known for molding these men into better husbands, fathers and leaders in general.

Several years ago, the ministry was finally able to purchase a property that met all its needs - it already had a residential building for those enrolled in their program, a big kitchen and a worship space.

Before buying the property, Vision Warriors did everything it was supposed to do in regard to zoning, including meeting with the county zoning administrator and getting their zoning certification.

But once the ministry was up and running, the County revoked the zoning approval and then made it as difficult as possible for Vision Warriors to continue its ministry.
They were eventually unsuccessful in gaining back the approval they needed.

That’s where the ACLJ stepped in.

We know that the decision to reverse the zoning approval was strictly driven by discriminatory bias against the ministry.

So we filed suit against the County.

One of the arguments we made is that the district court applied the wrong standard when dismissing Vision Warriors’ R-L-U-I-P-A claim.

R-L-U-I-P-A is the Religious Land Use and Institutionalized Persons Act.
It’s a federal law that protects individuals and religious organizations from discrimination in zoning laws.

It does so by prohibiting the application of zoning laws in a manner that would result in a substantial burden on religious exercise without a compelling reason for doing so.

The Eleventh Circuit recently held that a substantial burden doesn’t have to be one that completely prevents religious activity.
If the burden is one that results in modified behavior and is the result of government conduct or pressure, that’s enough.

Vision Warriors’ lawsuit alleges a substantial burden on religious exercise.
Not only has the County utilized its zoning laws to burden Vision Warriors’ religious exercise, but its also sought to shut it down altogether by demanding that it cease its residential program.

What makes this case more egregious is that the County allows other similar residential uses in the same zoning area.

We hope this much-needed ministry will not be hindered any further in carrying out its faith-based mission. We will continue to fight in court in hopes that Vision Warriors’ life-changing mission to those in the community can continue.