HARRISBURG — This is an official press release from the U.S. Department of Justice (USAO - Pennsylvania, Middle), published as received.
HARRISBURG — United States Attorney Brian D. Miller and the Justice Department today announced an agreement with the Borough of Kingston, Pennsylvania, to resolve allegations that it violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by enacting and enforcing a 2023 zoning ordinance that treats religious land uses worse than comparable secular uses and unreasonably limit religious land use.
The proposed consent order, which was filed today in the U.S. District Court for the Middle District of Pennsylvania and must still be approved by the Court, would resolve a lawsuit the United States also filed today alleging that the 2023 zoning ordinance dramatically restricted how and where religious land uses can locate, which particularly impacted Kingston’s growing Orthodox Jewish Chabad community and prevented it from developing places needed for religious worship.
“Time and time again, local governments enact zoning laws that treat places of worship and religious schools worse than comparable secular places of assembly, and unreasonably limit where religious land uses can locate. And too often the Jewish community bears the brunt of those restrictions,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “The Justice Department will relentlessly pursue and prosecute jurisdictions that violate RLUIPA.”
As alleged in the lawsuit, Kingston’s zoning ordinance violates RLUIPA because it requires that places of worship obtain discretionary special exception use permits, while comparable nonreligious assembly uses like theaters, bowling alleys, recreational facilities, and libraries are permitted as of right. The ordinance also restricts places of worship to one-acre or more parcels, while no acreage restriction is placed on comparable nonreligious assembly uses. These restrictions unreasonably limit religious land uses to only a tiny fraction of existing parcels in the entire Borough such that, in practice, there are essentially no available qualifying parcels on which to develop a new place of worship. As a result, Kingston’s Chabad community has struggled to find sufficient suitable places for prayer, religious study, religious schools, and mikvahs (ritual baths).
Under the consent order, the Borough will revise its zoning ordinance to allow places of worship and religious schools as a permitted use in commercial districts and as a special use in residential districts; eliminate the acreage requirements for places of worship and religious schools; and treat places of worship on comparable terms to nonreligious places of assembly with respect to other zoning concerns like parking and landscaping. The consent order also requires the Borough to train its officials and employees on RLUIPA’s requirements, establish a procedure for receiving and resolving RLUIPA complaints, and undertake other injunctive relief.
The Civil Rights Division’s Housing & Civil Enforcement Section handled this matter in collaboration with Middle District of Pennsylvania Assistant United States Attorney Michael J. Butler, Civil Rights Coordinator.
RLUIPA is a federal law that protects persons and religious institutions from unduly burdensome, unequal, or discriminatory land use regulations. More information about RLUIPA and the Department’s efforts to enforce it can be found on the Place to Worship Initiative’s webpage. Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the online RLUIPA complaint portal. Anyone in the Middle District of Pennsylvania may also report civil rights violations to the Civil Rights Coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing usapam.civil.rights@usdoj.gov.
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