Important 11th Circuit RLUIPA Case

Konikov v. Orange County. The opinion is here. And here is a local newspaper article on the case. Here is a key excerpt from that article:

A rabbi who angered his neighbors by holding religious services in his south Orange County home has won a temporary, but empowering victory, thanks to a federal appeals court decision.

On Friday, the U.S. Court of Appeals for the 11th Circuit decided that the case involving Rabbi Joseph Konikov and Orange County zoning officials should head back to federal court in Orlando.

The decision could prolong a case that places religious freedoms at odds with the rules governing strictly residential neighborhoods in Florida. The issue could even head to the U.S. Supreme Court.

But, for now, Konikov and his lawyer are savoring the court's ruling.

"Today, with the help of God, the matter has been resolved," Konikov said Monday.

"Yes, as a peaceful, law-abiding citizen, I do have the right to worship. I do have the right to assemble. I do have freedom of speech -- all in the privacy of my home," he said in a prepared statement.

Three years ago, the Orange County code-enforcement board slapped Konikov with fines for refusing to stop religious services at his home in the Sand Lake Hills subdivision. Neighbors had complained the services caused traffic and parking problems.

After Konikov started getting fined in 2002, he filed a lawsuit challenging the county's zoning code and calling it unconstitutional.

A federal court in Orlando issued a summary judgment in the case, siding with Orange County and dropping Konikov's complaint. But Konikov appealed. Friday's appellate court decision partially reverses the lower court's ruling and notes potential problems with the county's code.

The appellate court found that nonreligious gatherings, such as biweekly scout meetings or regular parties to watch sports on TV, would not violate the county code, while Konikov's gatherings would.

"In other words, a group meeting with the same frequency as Konikov's would not violate the code, so long as religion is not discussed," the court's opinion states. "This is the heart of our discomfort with the enforcement of this provision."

In another part of the 31-page decision, the court stated that by applying different standards for religious and nonreligious gatherings with the same effects on the neighborhood, the code enforcement board "impermissibly targets religious assemblies" under federal law.