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Religious drug treatment program and homeless shelter did not violate Fair Housing Act

Holland & Knight LLP
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USA
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October 17 2011

In Intermountain Fair Housing Council v. Boise Rescue Mission Ministries, Case No. 10-35519, 2011 WL 4347029 (9th Cir. Sept. 19, 2011), the court of appeals held that a Christian-based drug treatment program and homeless shelter did not violate the religious exemption to the Fair Housing Act’s (FHA) anti-discrimination provision by giving preference to persons of its own religion

First Amendment precludes inquiry into misappropriation of church funds

Holland & Knight LLP
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USA
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July 17 2012

In Askew v. T’ees of the General Assembly of the Church of the Lord Jesus Christ of the Apostolic Faith, Inc., Case No. 11-1916, 2012 WL 2433497 (3d Cir. June 28, 2012), the Third Circuit held that the non-entanglement principle embedded in the Religion Clauses of the First Amendment prevented it from deciding whether a church and its officials were misappropriating church funds for personal use, breaching their fiduciary duty to the church, and failing to submit annual financial statements to the Commonwealth of Pennsylvania

Injunction upheld granting denomination access and control over church and appointing new pastor

Holland & Knight LLP
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USA
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July 17 2012

In Church of God in Christ, Inc. v. Bd. of T’ees of Emmanuel Church of God in Christ, Wichita, Case No. 104,859, 2012 WL 2053573 (Kan. App. June 8, 2012), the Kansas Court of Appeals concluded that the district court had subject matter jurisdiction to resolve a church property dispute and so did the appellate court to review the matter

Religious institutions update: April 2013

Holland & Knight LLP
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USA
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April 5 2013

Implementation of the Patient Protection and Affordable Care Act (PPACA) is in full swing. The law requires non-exempt religious organizations with

Non-religious organization stated claim under RLUIPA when precluded from building chapel

Holland & Knight LLP
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USA
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July 17 2012

In Anselmo v. Cnty. of Shasta, No. 2:12-361 WBS EFB, 2012 WL 2090437 (E.D. Cal. June 8, 2012), the court ruled that an individual and the non-religious organization of which he was the sole owner stated a claim under the “substantial burden” prong of the Religious Land Use and Institutionalized Persons Act (RLUIPA) when the county precluded him from building a chapel on his property

Religious health program subject to Unruh Act and California Disabled Persons Act

Holland & Knight LLP
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USA
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September 16 2011

In Stevens v. Optimum Health Institute - San Diego, 2011 WL 3741055, Case No. 09cv2565-WQH-RBB (S.D. Cal. Aug. 24, 2011), the court held that a religious institution, subordinate to Free Sacred Trinity Church (FSTC), operating a "holistic health program" in Lemon Grove, California, violated the California Unruh Civil Rights Act and the California Disabled Persons Act (DPA) by denying a blind woman access to a place of public accommodation unless accompanied by another adult

Religious institutions update: March 2013

Holland & Knight LLP
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USA
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March 19 2013

At this time of year, when taxes are at the forefront of people’s minds, thousands of religious institutions will be relying upon the tax benefits and

Former church member states defamation and breach of fiduciary duty claims against pastor and church

Holland & Knight LLP
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USA
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July 17 2012

In Bilbrey v. Myers, No. 5D11-1036, 2012 WL 2465242 (Fla. 5th DCA June 29, 2012), the court of appeal reversed in part the trial court and held that a former church member could state a claim against First Pentecostal Church of South Brevard, Inc. and its pastor for defamation and breach of fiduciary duty under the “neutral principles” approach

June religious institutions update

Holland & Knight LLP
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USA
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June 7 2010

What is the proper relationship between an organization and its legal counsel?

New Jersey regulation of continuing care retirement center enjoined against church

Holland & Knight LLP
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USA
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September 16 2011

In Wiley Mission v. New Jersey, 2011 WL 3841437, Case No. 10-3024 (RBKJS) (D.N.J. Aug. 25, 2011), the court enjoined enforcement of a New Jersey law requiring every continuing care retirement center (CCRC) to include a resident as a full voting member of the CCRC's governing body

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