Fla. city promptly corrects discrimination against small churches

HAINES CITY, Fla. – Haines City has decided to amend its Land Development Ordinance to comply with federal law after receiving a letter from Alliance Defending Freedom. The ordinance previously required churches—but not other groups—to locate on a minimum of two acres in violation of the Religious Land Use and Institutionalized Persons Act. 

“City codes cannot be used to discriminate against churches just because the city may want to use property for other purposes. Federal law protects religious groups from being targeted in this way,” said ADF Senior Legal Counsel Erik Stanley. “We commend Haines City for promptly amending its code to lawfully include smaller churches.”

“RLUIPA states: ‘No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution,’” the ADF letter explains.

“Churches are required to locate on a minimum of two acres, while country clubs, private clubs, recreation clubs, and public or nonpublic academic schools have no minimum acreage requirements,” the letter continues. “Because churches are not treated equally with these other uses, the Haines City Land Development Ordinance violates RLUIPA, thereby exposing the City to potential liability for violating federal law.”

“RLUIPA ensures that a city’s zoning restrictions don’t single out ministries for discrimination and penalize them because of their religious viewpoint,” said ADF Litigation Counsel Christiana Holcomb. “The city has done the right thing in voluntarily addressing this problem to bring it into compliance with federal law so that churches can fulfill their mission and serve the community.”