ACLJ Victory: Town Revises Its Zoning Ordinance, Removes “No Church Zones” Provision To Ensure Fair Treatment of Churches

The ACLJ has secured another victory for religious freedom. Earlier this week, and following the ACLJ’s insistence, a town located in North Carolina voted to approve revisions to its zoning ordinance to allow churches to operate within its zoning districts without discrimination or unequal treatment.

As we reported earlier this year, our client (a church operating within the Town of Hertford) was told that the town maintained certain “no church zone[s]” wherein churches were not permitted to operate within select zoning districts of the town, including commercial districts.

Our client had been actively searching for suitable property to hold weekly religious services but had been unable to locate any due to the ban on churches in the C-1 and C-2 zones, as well as other restrictions specially imposed on churches. To make matters worse, the restrictions imposed on churches were not imposed on all other similar uses such as theaters, assemblies, restaurants, civic organizations, etc.

In summary, the town’s zoning ordinance was discriminatory and violated RLUIPA, a federal law prohibiting the unequal treatment of religious organizations in land use and zoning law. While churches were subject to all kinds of restrictions burdening their religious exercise and hampering their ability to find property, all other similar uses were free to occupy the same zoning districts without restriction (or by permitted use).

The ACLJ quickly took action on behalf of the church and sent a demand letter to the town to demand that the illegal provisions be removed. We were ready to go to federal court if they did not comply. Fortunately, the town agreed to our demands and immediately began the process of amending its zoning ordinance.

On July 8, 2024, the town took the final step in making the requested zoning changes official. The town council voted to approve the amendment, which will now allow churches in all zoning districts without conditional or special restrictions.

This zoning change will give churches an equal opportunity to find a suitable property within the town to engage in religious worship. Our client is already in the process of securing a place for weekly worship.