United States of America v. Village of Atlantic Beach, New York

Brooklyn, New York, civil litigation lawyers represented the Defendant accused of violating the Religious Land Use and Institutionalized Persons Act (RLUIPA) law.

The Village of Atlantic Beach, New York was accused of violating the RLUIPA, ) by enacting and enforcing zoning provisions that treat religious land uses worse than comparable secular uses.

The Religious Land Use and Institutionalized Persons Act (RLUIPA) is a 2000 federal law that protects individuals, houses of worship, and religious institutions from discrimination in local zoning and landmarking laws, while also safeguarding the religious exercise of people confined to institutions like prisons and jails.

Land Use Protections

RLUIPA prevents state and local governments from treating religious groups unfairly through zoning and land use regulations. Key provisions include:

• Substantial Burden Rule: Prohibits land use laws that impose a "substantial burden" on religious exercise unless the government shows the restriction is justified by a compelling interest using the least restrictive means.

• Equal Terms: Requires that religious assemblies and institutions be treated on equal terms with nonreligious assemblies and institutions.

• Non-Discrimination: Forbids discriminating against any institution or assembly based on religion or denomination.

• No Total Exclusion: Bans the total exclusion of religious assemblies from a jurisdiction.

• No Unreasonable Limitation: Prohibits unreasonable limitations on religious structures, buildings, or properties within a community.

Institutionalized Persons Protections

RLUIPA protects the religious rights of individuals confined to state or local institutions—such as prisons, jails, juvenile facilities, and state-run psychiatric hospitals. It bars these facilities from substantially burdening an inmate's religious practice unless it is the least restrictive means of furthering a compelling government interest.

This covers areas such as:

• Access to religious diets (e.g., kosher, halal, or specific vegan meals)

• Possessing religious texts, property, or articles (like prayer rugs or headwear)

• The ability to gather for worship and celebrate religious holidays

Enforcement

RLUIPA can be enforced through lawsuits filed by the U.S. Department of Justice Civil Rights Division or by private individuals and organizations seeking court orders and attorney fees.

If you are dealing with a specific situation, let me know:

• Is this related to a zoning/building issue or an institutionalized/prison matter?

• Which state or local jurisdiction is involved?

• Department of Justice (.gov)
Civil Rights Division | Religious Land Use And Institutionalized Persons Act
Statute: Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000 protects individuals and religious institutions fro...
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Department of Justice (.gov)
Civil Rights Division | Place to Worship Initiative - What is RLUIPA?
Statute: Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc et seq. Scope: Protects indivi...

The Defendant agreed to enact a revised zoning protection ordinance.