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Religious Discrimination Cases Throughout Chicagoland Will Be Impacted by Unanimous Decision by United States Appeals Court

CHICAGO -- The United States Court of Appeals for the Seventh Circuit recently issued an important decision under the land use provision of the Religious Land Use and Institutional Persons Acts (RLUIPA). The Court ruled that the City of New Berlin in Wisconsin discriminated against Sts. Constantine and Helen Greek Orthodox Church’s free exercise of religion when the City refused to let the church use its own land to build a new church.

“The burden was substantial,” Judge Richard Posner wrote. “If a land decision -- in this case the denial of a zoning variance -- imposes a substantial burden on religious exercise…and that decision maker cannot justify it, the inference arises that hostility to religion, or more likely to a particular sect, influenced the decision.”

This court decision has implications for another trial related to the Village of Long Grove that is scheduled for Apr. 1. In this case, Vision Church United Methodist, a congregation of mostly Korean-Americans, alleges that Long Grove violated their constitutional right to build a house of worship. Vision had sought to become part of Long Grove by constructing a church on farmland it had purchased in Lake County and having its land annexed into the Village. After Long Grove rejected the Korean Church, the congregation then proceeded with its legal right to build under the auspices of Lake County.

Apparently to thwart Lake County’s approval of building plans, Long Grove then reversed course and forcibly annexed the Vision land. When the Church then reapplied to Long Grove for permission to build, their application was again rejected by Long Grove and Long Gove then revised its zoning codes to make it impossible for the church ever to get a permit on its land.

This decision will also have implications for Petra Presbyterian Church, a congregation of about 175 Korean Americans which owns a four-acre warehouse building located in the Village of Northbrook in an office/light industrial park. In 2000, prior to acquiring the building, the church had a preliminary meeting with the Village Board where the Trustees expressed approval of the planned use. Later, all six Trustees changed their minds and indicated they would disapprove the Petra’s building permit.

Knowing that Northbrook was discriminating against their church, the congregation finalized the property acquisition due to concern about losing their earnest money and other financial considerations. The case is still in court.

For the complete release or a copy of the Seventh Circuit Court’s ruling, contact Thomas Ciesielka of TC Public Relations, Inc. in Chicago by calling 312.422.1333.