Connecticut town officials irked by traffic to home prayer meeting
By The Associated Press
07.15.01
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NEW MILFORD, Conn. — The town will challenge a judge's ruling that blocks officials from imposing limits on attendance at prayer meetings in a private home.
The town's Zoning Commission said it may argue that a federal law protecting religious activities on private property is unconstitutional. New Milford officials said the law — the Religious Land Use and Institutionalized Persons Act (RLUIPA) — wrongly restricts the right of a town to make decisions concerning land use.
Citing traffic concerns, the town issued a cease-and-desist order last year that limited attendance at weekly meetings at the home of Robert and Mary Murphy to 24 people plus family members. The Murphys had invited up to 40 people to the meetings in the seven years they had been holding them.
U.S. Magistrate Judge Holly B. Fitzsimmons ruled July 6 that town officials violated the Murphys' freedom of religion by limiting the number of people because of traffic concerns. Fitzsimmons issued a preliminary injunction blocking the town order.
Zoning Commission attorney Steven Byrne said he would try to get the case dismissed by arguing that Murphy's case should never have been heard in court because Murphy did not exhaust his appeal options in New Milford by going to the town's Zoning Board of Appeals.
If the motion to dismiss the case fails, Byrne plans to challenge the constitutionality of RLUIPA.
"RLUIPA's predecessor, the Religious Restoration Freedom Act, was found to be unconstitutional when challenged," Byrne said.
Byrne said initial complaints from Murphy's neighbors were that participants stayed for up to eight hours and created a problem with cars and unknown people crowding the cul-de-sac.
He said a reasonable expectation was that at a meeting in a residential neighborhood, "be it a Bible study or book club meeting, you would expect to have 10 to 12 people in attendance."
But Vincent McCarthy, an attorney representing Murphy, expressed confidence that his clients' right to hold prayer meetings would withstand the latest challenge from New Milford officials.
"RLUIPA has been challenged in Chicago and was upheld. So they're not going to have any success there," he said.
New Milford officials are emphasizing that they have nothing against Robert and Mary Murphy practicing their religion. They say they are objecting to the size of the gathering.
"Jefferson Drive is a small, quiet neighborhood which is now subject to a use of property by one family to the detriment of the others," the Zoning Commission said in a prepared statement.
Until the case is resolved, Murphy is permitted to continue holding prayer meetings with up to 24 invited guests and the members of his immediate family.
Previous
Federal court blocks town from limiting couple's prayer meetings
Judge issues temporary injunction, saying Connecticut officials violated couple’s religious freedom by restricting number of people attending home gatherings.
07.09.01
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