FIVE EMERGING LEGAL THREATS: THREAT #4 ZONING ISSUES
Church spires once dominated the skylines of American cities, while rural chapels served as the center of community life in small towns and villages across the country. The church enjoyed the respect of society and the esteem of the culture.
But, the world has changed.
Municipalities across America routinely attempt to zone churches out of the best locations. Sexual identity has become the watchword as secularists seek to replace religious freedom with sexual preference as a cherished American value. Members and non-members often bring litigation against churches for physical injuries sustained during church activities. And, sadly, the number one reason churches currently wind up in court is the sexual abuse of minors.
Emerging Legal Threats to Churches
In analyzing recent trends, we have identified five emerging legal threats that each church should be aware of and ready to address:
Sexual Identity vs. Religious Liberty
High-Risk Ministry Activities
Increasing Secularization of Culture
Zoning and Property Issues
Sexual Abuse of Minors
In the midst of such a cultural whirlwind, how should your church respond? How do you stay on mission? How can you protect your members and guests from harm?
Zoning and Property Issues
In response to a growing number of municipalities that were using zoning laws to exclude religious groups from operating in their jurisdictions, Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA).
As with many other issues involving municipalities, the bottom line is revenue generation. Likely, a municipality would rather have a for-profit entity occupying the best space on Main Street than a tax-exempt church, synagogue, or mosque. Such financial issues often form the basis for municipalities attempting to “zone out” the tax-exempt organizations so that a tax-paying entity will take up residence.
RLUIPA provides churches and other religious institutions with protection from such burdensome zoning law restrictions on their property use. The law says that the government may not target a church for exclusion or unequal treatment because of its religious character. Nor can there be discrimination based on the institution’s religion or religious belief. Zoning boards must provide equal treatment to churches and comparable secular institutions, such as movie theaters.
Protect Your Church with Legal Expertise
If your church is contemplating a move to a new area of your city or even if you are thinking about constructing a new building on your own property, it is important to contact an attorney with experience in land use and zoning to assist you in navigating the process with your municipality.
Reynolds Law Group Can Help
To find out how Reynolds Law Group, PLLC can serve you, contact our team by clicking the button below.
