Church on Maui
gets another ally
in zoning disputeMaui County claims it has a public interest
in barring religious services on ag land
The Maui Planning Commission, already facing a court challenge from a rural church claiming its religious freedom is being violated, could be facing more legal action from the federal government.
The U.S. Justice Department has notified Maui County officials that the planning commission's land-use regulations denying Hale O Kaula permission to build a chapel and hold religious services on its Upcountry property may have violated a federal law that exempts religious groups from most local zoning rules unless a community can show that the restrictions are necessary to protect public safety.
In a letter to county attorneys, the department's Civil Rights Division alleges that the regulations violate the Religious Land Use and Institutionalized Persons Act of 2000 by imposing "a substantial burden on Hale O Kaula's religious exercise" that serves no compelling government interest.
The Civil Rights Division also alleges that the land-use regulations violate the federal law, known as RLUIPA, by discriminating against the church on the basis of religion or religious denomination.
The May 14 letter, signed by Steven Rosenbaum, the division's Housing and Civil Enforcement Section chief, says the agency has authorization from the U.S. Attorney General's Office to file the complaint but is willing to hold off if the two sides can negotiate a resolution.
Maui County Corporation Counsel Brian Moto questioned the timing of the Civil Rights Division's letter, noting that the agency's Civil Division already is part of the federal lawsuit filed in September 2001 by Hale O Kaula church against the county and the Maui Planning Commission.
That lawsuit -- which also alleges violation of RLUIPA -- was scheduled to go to trial next month, but the two sides have been meeting to try and resolve the situation without further court action, officials said.
Moto said that upon receiving the letter, which gave the county 10 days to respond, attorneys requested a status conference before U.S. Magistrate Kevin Chang, who has been supervising some of the legal proceedings.
"We find the timing of the Civil Rights Division's letter to be unfortunate in light of these proceedings," said Moto, who declined to provide details of the May 28 status conference.
He said, however, that the county would respond to the letter at the appropriate time.
Patrick Korten, a spokesman for the Washington, D.C.-based Becket Fund for Religious Liberty, which is supporting Hale O Kaula in its lawsuit, said he was informed that the Maui Planning Commission will meet in executive session on Tuesday and plans to respond to the letter after that.
Korten declined comment on the issues raised by the Civil Rights Division's letter.
"I would just as soon have this thing stand on its own," he said by telephone from Washington.
Michael Foley, director of the Maui Department of Planning, referred calls to Moto, who declined further comment.
Je Yon Jung, a Justice Department attorney assigned to the case, did not return a telephone message left after business hours yesterday.
Hale O Kaula Pastor David Jenkins also did not return a telephone message seeking comment.
The church, affiliated with the Living Word Fellowship Bible-teaching ministry, sued after the planning commission, for a second time, denied its application for a special-use permit in order to hold religious services on its property in rural Pukalani.
The permit is needed because the land is zoned for agriculture and religious services are prohibited.
Maui County attorneys also have argued that the commission had a "compelling public interest" in denying the permit, saying the property lacks infrastructure such as an adequate public water supply and regular road maintenance.
County of Maui