Important Step Forward in Religious Land Use Case
I want to report to you a significant development in a case involving the issue of zoning in one
In two previous attempts, Father Tom Coughlin was told that he would not be permitted to use his house in Castle Hills to house the seminarians, who are deaf.
City officials have said they would not approve the request for a special use permit because of a city ordinance which prohibits more than five unrelated people from living in the same house.
ACLJ Chief Counsel Larry Crain told the zoning commission last night that any city ordinance had to comply with the Texas Community Homes for Disabled Persons Location Act, the Fair Housing Act, the Texas Religious Freedom Restoration Act and the U.S. Religious Land Use and Institutionalized Act.
After the presentation, the zoning commissioners took the correct action. They reconsidered and voted 4-1 to approve the special use permit for Father Coughlin.
The fact is the law strongly supports Father Coughlins request. The law upholds Father Coughlins right to use that home for religious purposes, and those who would live there have even greater protections because they are disabled. Larry Crain made our legal position very clear and told city officials if they did not comply with state and federal law, a lawsuit would follow.
Through an interpreter, Father Coughlin told a local newspaper reporter that he was very pleased with the outcome: I'm grateful the zoning commission was willing to listen and change their votes.
Of course, were pleased that the zoning commission did the right thing and voted to approve the special use permit which protects the rights afforded to Father Coughlin.
The next step: the request for the special use permit goes before the City Council on June 10th for final approval. Were confident that the City Council will follow the recommendation of the zoning commission and clear the way for Father Coughlin to move forward with his plans.