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4 -CUP19-01; ME19-01_4405 W EDINGER
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01-28-19
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4 -CUP19-01; ME19-01_4405 W EDINGER
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example, to protect houses of worship, individuals holding prayer meetings in their <br />homes, religious schools, religious retreat centers, faith-based homeless shelters, soup <br />kitchens, group homes, and other social services. <br /> <br /> <br />2. What does “religious exercise” include? <br /> <br />RLUIPA provides in Section 8 that “religious exercise” includes any exercise of religion, <br />“whether or not compelled by, or central to, a system of religious belief.” Thus a county <br />or municipality cannot avoid the force of RLUIPA by asserting that a particular religious <br />activity is something that a religious group merely wants to do rather than something that <br />it must do. For example, a town could not claim that Wednesday prayer meetings are not <br />religious exercise because they are less central to a church’s beliefs or less compulsory <br />than Sunday worship services. <br /> <br />RLUIPA also specifies in Section 8 that “[t]he use, building, or conversion of real <br />property for the purpose of religious exercise shall be considered to be religious exercise . <br />. . .” This provision makes clear that construction or expansion of places of worship and <br />other properties used for religious exercise purposes is religious exercise under RLUIPA. <br /> <br />Religious exercise covers a wide range of activities, including operation of homeless <br />shelters, soup kitchens, and other social services; accessory uses such as fellowship halls, <br />parish halls and similar buildings or rooms used for meetings, religious education, and <br />similar functions; operation of a religious retreat center in a house; religious gatherings in <br />homes; and construction or expansion of schools, even where the facilities would be used <br />for both secular and religious educational activities. <br /> <br /> <br />3. Who is bound by RLUIPA’s requirements? <br /> <br />RLUIPA applies to states (including state departments and agencies) and their <br />subdivisions such as counties, municipalities, villages, towns, cities, city councils, <br />planning boards, zoning boards and zoning appeals boards. RLUIPA does not cover the <br />actions of private citizens unless acting under color of state law, such as government <br />employees. RLUIPA does not apply to the federal government, though another similar <br />law, the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb, does. <br /> <br /> <br />4. Does RLUIPA exempt religious assemblies and institutions from local zoning <br />laws? <br /> <br />No. RLUIPA is not a blanket exemption from zoning laws. As a general matter, <br />religious institutions must apply for the same permits, follow the same requirements, and <br />go through the same land-use processes as other land users. RLUIPA does not pre-empt <br />or replace the normal zoning code. Rather, it imposes a number of safeguards and <br />4-73
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