“The Religious Land Use and Institutionalized Persons Act (‘RLUIPA’), 42 USC §§2000cc et seq., codifies the protections embodied in the Free Exercise Clause of the First Amendment.1 Vision Church v. Village of Long Grove, 468 F.3d 975, 996 (7th Cir. 2006). It was enacted in 2000 in response to the United States Supreme Court’s invalidation of its predecessor statute, the Religious Freedom and Restoration Act of 1993. See City of Boerne v. P. F. Flores, 521 U.S. 507, 117 S.Ct. 2157 (1997).”
In this white paper our author, Charles T. Riehl, reviews RLUIPA provisions, including the protection of land use as a religious exercise; land use regulation – individualized assessments; and religious exercise. He covers the burden of persuasion and states … “As for the burden of proof, RLUIPA provides the following: “If a plaintiff produces prima facie evidence to support a claim alleging a violation of the Free Exercise or [RLUIPA], the government shall bear the burden of persuasion of any elements of the claim, except that the plaintiff shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim substantially burdens the plaintiffs’ exercise of religion.” 42 USC §2000cc-2(b.” Mr. Riehl also reviews the applicability of the interpretation of RLUIPA; the elements of a RLUIPA substantial burden claim; and equitable relief and costs, fees and damages.
Agenda
Faculty
Charles T. Riehl
Walter | Haverfield LLP
- Of counsel to the Cleveland law firm of Walter | Haverfield LLP
- Divides practice between private client representation for the firm’s Litigation Group and municipal representation for its Public Law Group
- Previously served as law director of the municipalities of Hudson, Shaker Heights, Cuyahoga Heights, Richfield, Gates Mills and Solon
- Dealt with a wide variety of zoning, telecommunications, employment, civil service, environmental and construction issues
- Received the highest rating with Martindale-Hubbell Law Directory
- LL.B. degree, Order of the Coif, Case Western Reserve University School of Law; B.A. degree, Colgate University
- Can be contacted at 216-781-1212 or [email protected]
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