Twas Grace that taught me how to fear

From the outstanding Religion Clause blog by Professor of Law Emeritus University of Toledo Howard M. Friedman.

Monday, September 27, 2010
Church Loses RLUIPA Claim On Special Use Permit

In Grace Church of Roaring Fork Valley v. Board of County Commissioners of Pitkin County, Colorado, 2010 U.S. Dist. LEXIS 99950 (D CO, Sept. 20, 2010), a Colorado federal district court rejected RLUIPA and 1st Amendment challenges to the denial of an application for special review use of a church’s property. Several years after the denial and on the eve of trial, the county reversed its decision and permitted construction of the church facilities. The church claimed it was still entitled to damages. The court concluded that no reasonable juror could find that the Commissioners’ statements and questions at the hearings on the permit demonstrated a hostility toward religious use. Also, the permit denial imposed only an incidental burden on religion.


So that whole ‘RLUIPA means hand it over’ meme is just bull. The law still applies and all the howling about First Amendment violations and damages were dismissed. “No reasonable juror could find that the Commissioners’ statements and questions at the hearings on the permit demonstrated a hostility toward religious use.” So there goes your ‘anti-religion’ hogwash too.

The pro-Lifebridge cabal kept hammering at this canard and now other cases in Colorado are proving them wrong.

“No reasonable juror could find that the Commissioners’ statements and questions at the hearings on the permit demonstrated a hostility toward religious use.”

Oh yes, but “unreasonable” ones (and provocative victims) can always find a reason to whine and cry ‘Boo Hoo, they hate me, they’re bullying me‘ – and the reasonable people just roll their eyes and get on with their lives.

  1 comment for “Twas Grace that taught me how to fear

  1. Gregory Iwan
    September 28, 2010 at 8:51 pm

    I hope everyone knows the true political meaning of “fascism:” it’s “state capitalism.” If you don’t think the fix has been in for about 45 years, you’ve been sleeping, Rip Van.

Leave a Reply

Your email address will not be published. Required fields are marked *