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Religion & Law

: Religion Clause

RLUIPA Suits Settled-- Shabbos House OK'd; Prayer Breakfast Will Move

By Howard M. Friedman

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AP yesterday reported that the village of Sufferin, New York has settled a RLUIPA lawsuit brought against it by the Department of Justice chllenging the village's refusal to grant a zoning variance to permit the operation of a "Shabbos House" near Good Samaritan Hospital. The Shabbos House allows observant Jews to stay within walking distance of the hospital so they can visit patients without violating Jewish religious law that bars driving and use of money on the Sabbath. The settlement allows up to 14 people to stay overnight at the Shabbos House. The operator of the facility, Bikur Cholim, Inc., agreed to apply for a site-plan approval and comply with any instructions. The village attorney said the house has been operating throughout the four-year lawsuit without any incidents. A separate suit brought by Bikur Cholim was also settled. (See prior related posting.)

Meanwhile, in Phoenix, Arizona, CrossRoads United Methodist Church has settled its RLUIPA suit against the city challenging a zoning decision. Yesterday's Arizona Republic reports that under the agreement, the church will move the location of its Saturday pancake breakfast service within six months. In the meantime, the service will be moved from outside to inside the church. The city's Board of Adjustment had agreed with neighbors that the church was operating a charity dining hall in violation of residential zoning restrictions by holding its weekly service that offered an egg, pancake and bacon breakfast along with song and prayer.

Full post as published by Religion Clause on June 18, 2010 (boomark / email).

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