Posted on 02/02/2006 7:23:47 PM PST by xzins
© 2006 WorldNetDaily.com
A federal court ruled a Florida county cannot prohibit a rabbi from holding prayer and worship services in his own home.
Rabbi Joseph Konikov of Orlando was faced with two land-use ordinance violations filed by Orange County.
"Americans have the right to meet in their homes for prayer or to study religious materials without government interference," said Rick Nelson, head of the American Liberties Institute, a group allied with the Alliance Defense Fund.
In 2001, Konikov and his family were ordered by code enforcement officers to stop holding prayer meetings in their home, near Disney World, alleging he was in violation of local laws that forbade "operating a synagogue or any function related to a synagogue and/or church services. ..."
The county issued Konikov another code violation in February 2002, and at a hearing the following month, he was given 60 days to stop the prayer gatherings or be fined $50 per day.
The fines now have added up to nearly $56,000.
In March 2002, Konikov filed his lawsuit in the U.S. District Court for the Middle District of Florida after the county refused to negotiate a settlement.
The district court initially dismissed the case, ruling the county's ordinance was permissible, but the U.S. Court of Appeals for the 11th Circuit in Atlanta later ruled the ordinance violated the Religious Land Use and Institutionalized Persons Act.
The appeals court said ordinance was so "vague" that even the county's code enforcement officers were confused about how to properly apply it.
In its unanimous opinion, the 11th Circuit wrote, "If the assembly's purpose was to celebrate birthdays, holidays, or a simple family dinner, that would not constitute a violation. 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. This is the heart of our discomfort with the enforcement of this provision."
The 11th Circuit's remanded the case back to the district court, which reviewed the questions for resolution Friday and found the ordinance to be in violation of the Religious Land Use and Institutionalized Persons Act and unconstitutionally vague.
I had no idea Orange County was that opressive. Glad this was overturned.
I believe Disney World and their money have too much influence in Orlando and its suburbs.
At first I thought this was a very local issue. For example, sometimes you hear of this sort of thing when the prayer meeting congests the entire neighborhood with cars.
They tried to zone religion out.
Other activities were OK, but religion...nope.
One Alliance Defense Fund write-up made it sound like religion had been prohibited in the area. I didn't see the ordinance, so I wondered if they meant religion in any way, shape, or form had been banned under the guise of zoning.
I guess Orange County govt wasn't aware of the First Amendment.
The court said that the neighborhood rules didn't mind when cub scout meetings, birthday and super bowl parties, and other things congested, but that "religion" had been singled out for elimination
Pesky thing, that 1st Amendment. :>)
Curious, I don't see the letters ACLU anywhere in defense of the prayer meeting.
Thank God the 11th Circuit heard the case. Had it been the 9th, they would have upheld the ordinance.
Just a bunch of socialists trying to squelch religious freedoms granted by the US Constitution. We need to smash the left utterly or they will tarnish this country badly. They are as tolerant as Nazi's. Praying Rabbi sessions dont bring in $$ either.....topless bars do ay city counsel? Despicable repressive louts.
It amazes me that a court at such a level...district court...would not realize that a person's religion is far more than attending some building once a week or so.
Many consider a living religion to involve their everyday life, their friends, their jobs, their activities. That district court was telling these folks the limits of what religion was allowed to look like.
"Hey, YOU! NO praying in your house with your friends! None. Stop it...right now!"
How could they even begin to think that was OK?
Unfortuanetly this case isn't as clear cut as the story makes it out. I just skimmed the opinion but there are many issues in this case. [302 F. Supp. 2d 1328]
I read through some of the alliance defense releases.
They boiled it down to religious discrimination. Turns out they were right.
They must think that the First Amendment separates religion from the state and society - no religion is permitted.
I think the judge should slap a fine on the the county of three times the amount of the fine plus make them pay attorney's fees.
The district court initially dismissed the case, ruling the county's ordinance was permissible, but the U.S. Court of Appeals for the 11th Circuit in Atlanta later ruled the ordinance violated the Religious Land Use and Institutionalized Persons Act.
Don't you think it might just violate the free exercise clause of the 1st amendment?
I sure hope they made the county pay the fees. It was their silly law that made the poor guy have to spend money defending himself.
County zoning commission: "Let's see...if Mom has a cub scout pack with 20 kids and they all come over...that's fine. If Dad has a bunch over for Friday night poker...that's OK.
But, if that *)\#()*&! Rabbi has some friends over for Prayer...sue his butt out of the county!"
But, if that *)\#()*&! Rabbi has some friends over for Prayer...sue his butt out of the county!"
I'm sick and tired of leftists who talk about a "living constitution" but ignore and eliminate rights that are specifically enumerated in the Constitution.
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