WAILUKU, Maui -- The U.S. Justice Department filed suit July 10 against the Maui Planning Commission, accusing the panel of religious discrimination for denying a church the right to build on property it owns.
According to a news report by the Honolulu Advertiser, the suit claims the commission violated federal law that exempts religious groups from many local zoning regulations unless local government can show a compelling interest that outweighs any burden of religious exercise.
The suit is believed to be the first brought by federal government under the Religious Land Use and Institutionalized Persons Act of 2000.
Maui Corporation Counsel Brian Moto told the newspaper he was surprised the suit was filed in light of a June 24 ruling by Los Angeles federal judge Stephen V. Wilson that Congress exceeded its authority by granting expanded First Amendment protection to churches. (See related story, Land use, zoning protection law struck down in district court.)
Hale O Kaula Church was twice denied a special use permit to build a sanctuary on land zoned agricultural. The zoning commission said construction of a sanctuary would lead to increased traffic and noise, added burden to county services and a deterioration of the area's rural atmosphere, the newspaper reported.
The Washington, D.C.-based Becket Fund for Religious Liberty joined the church in a suit filed in September 2001.
