Refusal to Process Permits Held Unconstitutional Burden on Religious Freedoms
In a recent en banc opinion, City of Woodinville v. Northshore United Church, et al. the Supreme Court of Washington held that the City’s "total refusal" to process a land use application for a homeless encampment on Church property violated the Washington state constitution. The City had refused to process a temporary use permit submitted by the Church based on a City moratorium on such permits in certain areas of the City. Despite the City’s reliance on this moratorium, the Court found the City’s actions placed a "substantial burden on [the] exercise of religion," and thus violated State constitutional protections for religious exercise. The Court noted that "[h]ousing of the homeless may be a part of religious belief or practice," but that the these activities had a greater impact on the surrounding community than typical worship activities. The Court added: "Cities may mediate these externalities reflecting concerns for safety, noise, and crime but may not outright deny consideration of permitting." The Court also ruled in favor of the Church on a breach of contract claim by the City, but did not reach federal constitutional issues or claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA).
