While it is possible that pretext may play a role as Doug describes it,
there is no reason to conclude that pretext is automatically proven by a
requirement of enough parking for Orthodox Jews if most members walk on the
Sabbath.
In this day and age, uses are rarely limited to the 24
This is not completely accurate. Many Orthodox Jewish congregations have a
number of members who drive and arrive right before sunset and leave their
cars for 24 hours. There is no religious rule against that. That means their
parking issues can be worse than others. I actually
In the absence of evidence that significant numbers in a local
congregation were doing what Marci describes (driving in before
sundset and parking for the entire Sabbath), the reliance on parking
regs would be pretextual. See Orthodox Minyan v. Cheltenham Twp.
Zoning Board, 552 A.2d 772 (Pa.
] On Behalf Of Douglas Laycock
Sent: Saturday, November 10, 2007 10:17 AM
To: Paul Finkelman
Cc: religionlaw@lists.ucla.edu
Subject: Re: Michigan RLUIPA suit
In the absence of evidence that significant numbers in a local
congregation were doing what Marci describes (driving in before sundset
thanks Doug. Now it makes perfect sense.
Paul
Paul Finkelman
President William McKinley Distinguished Professor of Law
and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York 12208-3494
518-445-3386
[EMAIL PROTECTED]
Douglas Laycock [EMAIL PROTECTED] 11/10/07
: Michigan RLUIPA suit
In the absence of evidence that significant numbers in a local
congregation were doing what Marci describes (driving in before
sundset
and parking for the entire Sabbath), the reliance on parking regs
would
be pretextual. See Orthodox Minyan v. Cheltenham Twp. Zoning
Board
http://www.journalgroup.com/Northville/6343/lawsuit-accuses-township-of-
religious-harassment
The Thomas More Law Center is filing suit against a Michigan
municipality for demanding that a religious order apply for a zoning
variance because of all the cars parked at and around their facility.
Where are they parked? Around the building on their own
property? Or around the property on public streets that must be
shared with others?
Reasonable parking regs generally prevail, as Ed says. But there
are also cases where parking regs are plainly being used to get rid
of somebody --
I am sure it must because it is late at night and I have been traveling
all day, and so I am fogged in, but I can't quite figure out how a
parking regulation would be used against Orthodox Jews wanting to build
in the neighborhood since, as Doug points out, they don't drive to
services. I hope
