Justice Department backs church in California land use lawsuit

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Justice Department backs church in California land use lawsuit

E. Martin Estrada, U.S. Attorney | U.S. Attorney's Office for the Central District of California

The Justice Department has filed a statement of interest in a federal district court case involving a small Christian church's zoning dispute with the City of Santa Ana, California. The church, Anchor Stone Christian Church, claims that the city violated its rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA) by denying its application to use space in the city's professional district as a place of worship.

The lawsuit, Anchor Stone Christian Church v. City of Santa Ana, argues that the city's zoning provisions treat religious uses less favorably than secular places of assembly. It alleges that while nonreligious assemblies like museums and art galleries are allowed by right in the professional district, religious assemblies require discretionary approval through a conditional use permit (CUP).

Acting United States Attorney Joseph McNally stated, "Zoning practices that unfairly limit assemblies by faith-based groups violate federal law," emphasizing that municipalities cannot create zoning districts treating houses of worship worse than comparable secular assemblies.

Deputy Assistant Attorney General Mac Warner from the Justice Department's Civil Rights Division added, "RLUIPA prohibits local governments from treating religious assembly uses like the Anchor Stone Church worse than comparable nonreligious assemblies." He noted that zoning codes infringe on RLUIPA when they make it more challenging for people to gather for religious worship compared to secular purposes.

Anchor Stone is described as a small Christian church comprising first-generation Chinese and Taiwanese Americans. After securing space within Santa Ana's professional district and applying for a CUP to operate as a church, their application was denied. The church subsequently filed for a preliminary injunction to allow worship at its property. The Justice Department's statement supports their claim that the zoning code discriminates against religious uses in violation of RLUIPA’s equal terms provision.

RLUIPA is designed to protect individuals and religious institutions from burdensome or discriminatory land use regulations. More information about RLUIPA can be found on the Place to Worship Initiative’s webpage.

As part of ongoing efforts to enforce RLUIPA, the department has issued reminders to state and municipal leaders about their obligations under this law. Additionally, an outreach forum was hosted last year with land use practitioners and religious leaders at Chapman University’s Fowler School of Law in Orange County.

Individuals who believe they have faced discrimination in land use or zoning decisions can contact relevant sections within the U.S. Attorney’s Office or submit complaints through designated channels provided by the department.