Federal judge rules for Pennsylvania synagogue in zoning dispute

By The Associated Press,
freedomforum.org staf

07.19.01

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David Sloviter, past president of Congregation Kol Ami, sits in what used to be Convent of the Holy Sisters of the Holy Family of Nazareth in Abington, Pa., on April 18.

(Editor's note: The Becket Fund for Religious Liberty reported on Aug. 16 that Abington Township's zoning board had granted Congregation Kol Ami a permit to buy and occupy property.)

A Philadelphia suburb violated a Jewish congregation's First Amendment rights by preventing it from converting a former convent into a synagogue and Hebrew school, a federal judge ruled last week.

Congregation Kol Ami sued Abington Township last April after officials refused its request for a special exemption to the town's zoning ordinance, which prohibits religious institutions in residential districts.

Lawyers for Abington Township had argued that Congregation Kol Ami would cause problems with traffic, noise and light pollution.

But U.S. District Judge Clarence C. Newcomer rejected this argument and granted summary judgment to Kol Ami on July 11. In his ruling, Newcomer concluded that since the ordinance permits similar nonreligious uses, the law, as applied, was discriminatory.

"There can be no rational reason to allow a train station, bus shelter, municipal administration building, police barrack, library, snack bar, pro shop, club house, country club or any similar use to request a special exemption under the 1996 ordinance, but not Kol Ami," the judge wrote.

Marc D. Jonas, a lawyer for neighbors who were opposed to the synagogue, did not immediately return a message left at his office. In April, he said his clients had a good reason to support the zoning law.

"The prior use of the property is very, very different from what is being proposed," Jonas said. "They are entering and exiting onto a cul-de-sac, for God's sake."

The synagogue had argued that the township's zoning violates RLUIPA, the Religious Land Use and Institutionalized Persons Act, a 2000 federal law designed to prevent religious discrimination in local zoning. The case was seen as one of a handful across the country that could test the constitutionality of the federal law.

But Newcomer found the township ordinance to be in violation of the Constitution without considering whether it violated the federal law, lawyers representing the synagogue said.

The synagogue was represented free of charge by lawyers from the Becket Fund for Religious Liberty, a law firm that advocates the free expression of all religious traditions.

Update

Federal appeals panel hears synagogue zoning dispute
Pennsylvania town asks 3rd Circuit judges to overturn ruling allowing congregation to buy property in residential neighborhood.  07.31.02

Previous

Jewish congregation's suit could test religious-zoning law
Pennsylvania town is accused of violating federal statute by denying request to turn estate into synagogue, Hebrew school.  04.20.01

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