For Your Data Civil Liberties For Urban Believers V. Metropolis Of Chicago Illustration Brief
September 16, 2019
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Civil Liberties for Urban Believers v. City of Chicago illustration brief summary
342 F.3d 752 (2003)
CASE FACTS
The churches claimed that the zoning ordinance in addition to legislative processes for obtaining zoning approvals violated their rights to gratuitous do of religion, speech, in addition to assembly nether the First Amendment of the U.S. of A. Constitution, procedural due process, in addition to equal protection nether the Fourteenth Amendment in addition to the Illinois Constitution, inward add-on to the RLUIPA claim. The district courtroom held that whatsoever potential substantial burden that the zoning ordinance placed on gratuitous do had had been remedied when the ordinance was amended to house churches on an equal solid pose down amongst nonreligious assembly uses.
DISCUSSION
CONCLUSION
The determination of the district courtroom was affirmed.
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342 F.3d 752 (2003)
CASE SYNOPSIS
Appellant associated churches sought review of an club of the U.S. of A. District Court for the Northern District of Illinois, Eastern Division that granted summary judgment inward favor of appellee metropolis on the churches' claims that 17 Chicago, Ill. Code §§ 1-11, violated the Religious Land Use in addition to Institutionalized Persons Act (RLUIPA), 42 U.S.C.S. § 2000cc et seq., in addition to the due process, equal protection, in addition to gratuitous do of organized faith clauses.Baca Juga
The churches claimed that the zoning ordinance in addition to legislative processes for obtaining zoning approvals violated their rights to gratuitous do of religion, speech, in addition to assembly nether the First Amendment of the U.S. of A. Constitution, procedural due process, in addition to equal protection nether the Fourteenth Amendment in addition to the Illinois Constitution, inward add-on to the RLUIPA claim. The district courtroom held that whatsoever potential substantial burden that the zoning ordinance placed on gratuitous do had had been remedied when the ordinance was amended to house churches on an equal solid pose down amongst nonreligious assembly uses.
DISCUSSION
- The bulk of the courtroom of appeals panel noted that each of the 5 private plaintiff churches had successfully located inside the metropolis limits, in addition to the fact that they were required to expend considerable fourth dimension in addition to coin to produce in addition to then did non title them to relief nether the RLUIPA substantial burden provision of 42 U.S.C.S. § 2000cc(a).
- The courtroom declined to apply strict scrutiny review of the equal protection claim.
- The zoning ordinance burdened religious do exclusively every bit rule of a paper publisher's location impinged on rights of gratuitous speech.
The determination of the district courtroom was affirmed.
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