Because You Abused It

A local village settled with a non-profit organization after years of protracted litigation, against a "shabbos house." This house provides housing and meals for observant Jews whose families are in the hospital. It is open only for the Jewish Sabbath and Holidays, on days when observant Jews do not drive, but still need to be close to loved ones in the hospital.

The village sued the non-profit because the house, whose services used to be provided on an empty floor in the hospital, was located in a single family housing zoning area, and the citizens of the area apparently felt it too closely resembled a hotel and NIMBY, and they didn't want "transients" in their neighborhoods. All seemingly understandable on its surface.

Then the non profit sued under RLUIPA, and that's where things, to my mind become clearer.

RLUIPA: The Religious Land Use and Institutionalized Persons Act, that essentially says that government cannot make zoning restrictions that impede religion (or impede an incarcerated persons ability to practice his religion).

This law has excellent uses, as the case above illustrates, and the non-profit has come to a settlement with the village. But why would the village have denied the variance, and why would the comments about this issue be so vitriolic?

Because around these parts, in villages and unincorporated areas of the town, RLUIPA has been used as a battering ram to push through all and any types of building no matter how detrimental to the town or way of life, or sewage or traffic, or safety. If you want to build here, and you are of religious persuasion, you find a way to make it about religion, and then all planning and zoning boards back off.

BUT, you've left a bitter taste in the mouths of other residents and members of various boards so that projects that actually DO impact religious observances are lumped together with those of dubious necessity. Fortunately, those whose loved ones were in the hospital HAD the backing of the federal government who sued he village for civil rights violations. Because had the village succeeded all the housing and fake yeshivos with housing attached, and all those who subvert the law and wrap it up in religion would have been to blame.

So next time you're at a town meeting and someone stands up and proclaims that they are unable to practice their religion unless they have whatever they've come up with to line their pockets, don't be so quick to believe it. And certainly don't let the fact that they wrapped it in religion make you think it must be kosher. When it's kosher YOU will know, and then you should defend it to the hilt.