RLUIPA Land Use Claims: Latest Litigation Trends and Key Case Law Developments

The most significant development in RLUIPA discrimination claims in the past few years has been the uptick in cases involving Muslims, with many of those cases including claims of intentional religion-based discrimination under RLUIPA Section 2(b)(2).

In the 2015 case Holt v. Hobbs, the Supreme Court addressed for the first time the application of RLUIPA in a prison context, holding that a state prison system may not impose a beard-length requirement on a Muslim inmate.

Not understated is the impact of the Supreme Court’s Burwell v. Hobby Lobby ruling under RFRA on RLUIPA litigation and potential claims by for-profit corporations against zoning decisions that burden their owner’s religious exercise.

Listen as our panel of land use lawyers examines current trends in RLUIPA claims and litigation, including recent Supreme Court cases under and impacting RLUIPA, offers practical guidance on how to avoid RLUIPA claims, and recommends steps to take when a suit has been filed against your municipality.

1. Overview of RLUIPA provisions
2. Claims and litigation trends
   1. Principal claims
   2. Outcomes
3. Recent interpretation and application of RLUIPA
   1. Holt v. Hobbs
   2. Burwell v. Hobby Lobby impact on RLUIPA claims
4. Strategies for avoiding/addressing RLUIPA claims
5. Defending against RLUIPA claims

The panel will review these and other key issues:

• What types of claims are being raised in RLUIPA litigation and how have the courts responded?
• What steps can local governments take to avoid RLUIPA challenges?
• What strategies have been effective for municipalities in defending RLUIPA claims?