The Powers of RLUIPA by Judith Detert-Moriarty

There is a little known federal act which is impacting YOUR life every day and I you probably have never heard about it. Those who have been already living with it's adverse consequences, know it all too well. It's known as the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Rarely have bills ever sailed through Congress with unanimous approval (albeit most legislators weren't present to vote) to the President's desk in less than 4 weeks with no public hearings.

Yet, RLUIPA is just such legislation.
In essence, RLUIPA favors the interests of religious institutions over the interests of their secular counterparts rather than it's original intent to p rotect religious believers who may be vulnerable to discrimination. Even if an existing zoning law (signage, historic preservation, parking, at-risk population facilities, etc.) is void of any discrimination, Congress ruled strict new scrutiny needs to be applied to city zoning regulations thus putting the burden of proving a negative (i.e. no religious discrimination) upon the city. Realistically, what cities have the financial where-with-all or tax-payer approval to spend millions proving they are not being prejudicial or discriminating? RLUIPA thus gives religious institutions special rights which other citizens, organizations, and facilities do not enjoy.

Theoretically, RLUIPA can be trumped by "health and safety" concerns, but even that was proven an abstract, dubious recourse in Janesville when it was a very valid concern with the opening of a local facility some years ago - and which remains even today. The fact so few people are even aware of RLUIPA indicates why its danger is very real.

In the past few weeks, RLUIPA has impacted Janesville yet once again when It was the city attorney's opinion that RLUIPA preempts the city from regulating church signs. Any church can threaten to sue a city under RLUIPA (and usually win) when denied anything they want while any other citizen/organization/institution has to abide by existing federal, state, and city regulations and statutes. RLUIPA gives religious landowners a SPECIAL right to challenge land use laws which t heir secular neighbors do not have. Some churches do try to abide by the law and act responsibly for their own, and the community's best interests. Others see this as a new opportunity to make lots of profit and build tax-free empires (http://findarticles.com/p/articles/mi_m1365/is_2_32/ai_77482609 ). The local issue of too-bright light from a church sign may seem very minimal but the same law has led to far more severe problems and damage done since RLUIPA became law in 2000. http://writ.news.findlaw.com/hamilton/20060126.html
When the issue of a prairie planting on a local church property arose this past summer, it was odd that the city attorney didn't also advise the City Council this was a mute question - a waste of Council time and city research - given under RLUIPA the church could plant whatever it wanted on the land even regardless of environmental considerations. It's no wonder organized churches love RLUIPA but states, cities, secular charities, historic preservationists, homeowners, and even legal experts and the courts are seriously concerned.
As one writer confronted with the reality of RLUIPA noted: "Imagine that you live in a peaceful, quiet neighborhood and that the house next door to you has just been sold. But curiously, you hear rumors that the house has not been purchased by a family or individual, but by a church of all things. Being a conscientious yet perp lexed neighbor, you walk next door to meet your new neighbors and inquire into their intentions. The church’s pastor greets you in the front yard and excitedly explains, “Yes, this is just the perfect site. ..." Read more of this article at http://works.bepress.com/daniel_lennington/1/and then realize similar and worse situations have been happening in Janesville since 2000.

RLUIPAs objective was very well intentioned. Because of it's very vague language, the consequences have been very unintentional and disturbing. RLUIPA has been affecting neighborhoods in Janesville since the day it was signed. Throughout the nation there are numerous law suits on their way to the Supreme Court where it will eventually be reviewed. While these cases make their ways through the courts, the devastation being caused across the US continues unabated.
Ultimately what the people or a community think is acceptable, and what is legal to other people and institutions, simply doesn't matter under RLUIPA. What any given church wants to do on it's land, it will be able to do because of RLUIPA protections (http://74.125.95.104/search?q=cache:vw-PYghvrEQJ:www1.law.nyu.edu/journals/legislation/issues/vol6num2/Geller.pdf+religious+land+use+and+institutionalized+persons+act&hl=en&ct=clnk&cd=29&gl=us) Today churches literally hold cities, neighborhoods, and individual families hostage to their whims.
Whenever any single institution has that much power, the people need to be informed and beware.