Replies

So what's this about federal law?

I believe the article addresses that issue here:

In each case, the homeowners cite the federal Religious Land Use and Institutionalized Persons Act of 2000, which prohibits governments from placing a “substantial burden” on religious expression. Konikov claims the law renders county zoning laws moot in regard to his home-based synagogue.

But county officials and others say federal law does not invalidate local zoning laws.

In fact, the act’s sponsors, U.S. Sens. Orrin Hatch, R-Utah, and Edward Kennedy, D-Mass., said on the Senate floor that their legislation was not intended to “provide religious institutions with immunity to land use” laws, Glassman said.

It seems to me that the issue is whether this local zoning regulation constitutes a "substantial burden" on the rabbi's religious expression. Since he is free to conduct his services elsewhere, I don't think that it does.

Would you like to have this guy living next door to you, with the traffic congestion, parking on your lawn, damaging your property, and the county can't lift a finger to stop him because of fear of violating his freedom of religion?

"It seems to me that the issue is whether this local zoning regulation constitutes a "substantial burden" on the rabbi's religious expression. Since he is free to conduct his services elsewhere, I don't think that it does."

Hogwash. He can't just "conduct his services elsewhere." It takes money. Money to buy property. Money to build. The first ammendment is guaranteed. If the zoning law is causing him not to be able to practice his religion, it is wrong.

As for the scale of people attending.. that is another issue. Safety, and other considerations would limit this concern... NOT ZONING. There is no case of zoning laws prior to the 20th century. Additionally, churches have always been in residential areas.

It used to be that a church was looked upon as a positive addition to a neighborhood, or section of town. With the new anti-God, anti-religion climate in this country, this is no longer the case.

Either we own our land or we don't. I gurantee you he could hold a drunken football party or bluehaired bridge club with the same amount of attendees every week and the county wouldn't say squat. I've seen it happen. I personally know a pastor that was told by the County he could NOT hold regularly scheduled prayer meetings in his home for 15-30 people. He was told he could meet for any other reason except religious, as it then became a "church".

I live in Florida (Indian River County). My view is as long as they are not on my property or making too much noise, etc. Then it is nobody's business what they do. It is HIS property.

I'm sick to death of these zoning NAZI's. They never can leave it at good common sense. They always go too far. The deed restriction wannabes can jump in the same lake.

Here's to the Florida I was born and raised in, and I hope the Jew wins...

- a 6th generation Cracker