imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Exploiting the Religious Title: Costa Mesa's Trinity Broadcasting Network Fights To Annoy

by Andy Justice Friday, Feb. 28, 2003 at 8:37 AM
ajustice007@yahoo.com

Costa Mesa's Trinity Broadcasting Network (TBN) attempts to overstep its bounds in using the Religious Land Use and Institutionalized Persons Act of 2000 to conduct church services and taping outdoors -- nearby residents outraged.

On Monday, the Costa Mesa Planning Commission postponed its decision to allow the Trinity Broadcasting Network to tape its religious program outdoors, awaiting further details about how the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) pertains to the case (brought up by TBN’s attorney, John Casoria). According to the act (Public Law 106-274) passed in the 106th Congress and signed by President Clinton on September 22, 2000, the government cannot “impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution,” unless it is found that the “imposition of the burden . . . is in furtherance of a compelling governmental interest” and “is the least restrictive means of furthering that compelling government interest” (sec. 2a.).

From TBN’s perspective, forbidding it from taping its religious program outdoors would be imposing an unnecessary burden on its freedom to conduct a religious exercise. TBN may even go as far as arguing that this imposition prevents it from gathering for a religious assembly, which would be in violation of section 2b.(3b) under the heading of discrimination and exclusion, “unreasonably [limiting] religious assemblies, institutions, or structures within a jurisdiction.”

However, it should be clear to most people who have actually read the RLUIPA that its purpose, within the scope of the land use ordinance, is to protect the right of religious freedom and assembly. Regarding the decision of whether to allow TBN to hold minor church services and tape its program outdoors, this act has no bearing or relevance to the case at hand. It has not been established that the City of Costa Mesa prevented TBN from conducting normal religious practices, or from assembling to conduct such practices. The request to conduct minor church services and taping outdoors, although requested by an organization labeled as religious and charitable, is merely a superfluous demand: taping outdoors is not in itself a religious exercise, and a church service and TV taping is not limited to being conducted outdoors. Not allowing TBN to hold such church services and taping outdoors would not hinder its ability to function religiously, or to assemble for religious purposes. And it is exactly for this reason that disallowing the outdoor service and taping cannot be construed as a “substantial burden” since TBN’s planned religious or non-religious practices could easily be conducted indoors.

In the event that TBN proves that its outdoor taping constitutes a religious practice that cannot be performed adequately indoors, in which a “substantial burden” has been imposed on it by the city, than the city may apply section 2a. (1a. and 1b.) of the RLUIPA in arguing that it is in the city’s interest to protect the significant number of homeowners within the vicinity who have already complained of excessive noise inside of TBN’s building. In addition, forbidding TBN from outdoor services and taping in the interests of the city is “least restrictive” in that it continues to allow church services and taping indoors (with respect to TBN’s abidance of the city code on noise level) while not infringing on other neighbor’s rights to live without major disturbances. Therefore, the city’s compelling interest for protection of its citizens, in the least way restrictive of TBN’s religious activities, supercedes TBN’s right against a substantial burden from government imposition because all necessary conditions for invalidation of the substantial burden have been met.

It should be noted that TBN has yet to prove that its religious proceedings depend solely on practicing outdoors, rather than within an enclosed building with proper walls and roofing to minimize noise level. Moreover, any organization that relies on its outdoor facilities, refusing to conduct its religious activities indoors despite complaints of excessive noise, have fallen outside the scope of being considered a legitimate church or charitable organization. For how can a religious title exempt an individual, group of individuals, or organization from injuring the public welfare and the government’s interest? Should a late night bar or dance club change its title from a business to a religious organization in order to be immune from local, state, and federal laws? No, the RLUIPA only guarantees religious freedom and assembly, and in no way states or suggests that the religious institution may overstep government interests to further its own agenda, be it religious or non-religious.

Thus, in deciding whether TBN should be permitted to tape its religious (or non-religious) activity outdoors, the Planning Commission should not consider the RLUIPA, for it has no bearing or relevance in this particular case. In basing its decision, the Planning Commission must treat TBN’s request like any other business or organization that requests to tape outdoors: it must consider the opinions of nearby residents, the potential noise factor, excessive lighting, etc. And if past complaints of excessive noise inside of TBN is any indication of what lies ahead, then TBN’s use of its outdoor facilities for minor church services and TV taping may be a significant problem for the community near Metro Pointe.

Report this post as:

Local News

OUR HOUSE Grief Support Center Presents Night for Hope O30 5:38PM

Marshall Tuck’s racist dog whistle O27 5:01AM

Marshall Tuck’s ethnocentrism contradicts Californian values O27 4:32AM

Contra Costa-Hawkins O25 3:48AM

Debunking Some Anti-Prop 10 Propaganda O12 6:56AM

Why Should California Choose De Leon Over Feinstein? O10 9:55PM

Change Links September 2018 posted S02 10:22PM

More Scandals Rock Southern California Nuke Plant San Onofre A30 11:09PM

Site Outage Friday A30 3:49PM

Change Links August 2018 A14 1:56AM

Setback for Developer of SC Farm Land A12 11:09PM

More problems at Shutdown San Onofre Nuke J29 10:40PM

Change Links 2018 July posted J09 8:27PM

More Pix: "Families Belong Together," Pasadena J02 7:16PM

"Families Belong Together" March, Pasadena J02 7:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 11:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J11 6:58AM

Watch the Debate: Excluded Candidates for Governor of California M31 5:20AM

Change Links June 2018 posted M28 7:41AM

The Montrose Peace Vigil at 12 Years M22 8:01PM

Unity Archive Project M21 9:42AM

More Local News...

Other/Breaking News

Allo, quelqu'un ? Allo, quelqu'une ? D09 9:16AM

deral Government Officials are not allowed to take leaflets nor pick up items in privste D09 4:15AM

Communist Mouthwash Hides Nature of Nations Suffering in Comm Pyramids Ploys D09 12:01AM

Atlanta: metro Pillage, Poison Gas, Pricks D08 9:13PM

Atlanta Metro Suffers Under Pillage, Shame lso Political Poison Gases D08 8:41PM

Fed Says College Students Have More Debt than Previous Generations D07 3:08PM

Paraphysique de l'insurrection et de l'émeute D07 9:55AM

Corruption of USA government D06 4:14AM

"We live in a time of radical counter-enlightenment" D04 1:45AM

Did Woolsey Fire Cause Radioactive Fallout? D03 10:26PM

G20 Discusses Preventing Financial Crisis and Small Island Economies N30 3:10PM

Driver near Campbell San Jose researches Bus Traffic from Northern Mexico N29 4:04AM

The Death of Small Businesses in Big Cities, Explained N28 3:43PM

Felons Shw Ninjasred Heavy Truck Tyres N28 2:28PM

Paraphysique de la consommation/pollution N28 8:08AM

Paraphysique de l'effet spectateur N26 11:13AM

Condominium, terrorisme du capital N24 8:52AM

Debt and Tax Policies Needed to Prevent Crisis Says Finance Watchdog Group N23 2:40PM

Independent Media Crackdown and Global Social Movements N22 9:45PM

Abécédaire du fascisme restreint et général N22 8:41AM

“Animaniacs in Concert!” Starring Voice Legend Rob Paulsen Heads to Portland, Oregon N20 8:39PM

Socialism in American English N20 12:04PM

Noske, noskisme réactualisé N20 11:29AM

Oprah Please Stop Selling Dead Animal Pieces N20 3:32AM

Down In Smoke SF N20 12:03AM

Lucifers Banker N18 7:38PM

Paraphysique du scientisme N18 9:19AM

USDA Withholds Names Of Turkey Companies Spreading Salmonella N17 7:51PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy