The U.S. Department of Justice (DOJ) on Tuesday (September 8) filed a friend-of-the-court brief with the Supreme Court urging it to overturn a lower court’s decision. The ruling prevented a man from continuing to pursue a lawsuit against the local government’s ban on holding prayer meetings in his home.
This case involves Orthodox Jew Daniel Grand and his lawsuit against University Heights in Cuyahoga County, Ohio.
In January 2021, Grand was issued a cease-and-desist order by the city government after inviting others to his home for prayer activities, requiring him to obtain special use permits before holding gatherings at home. Grand subsequently canceled the gatherings and applied for the permit.
Grand later learned that the permit required his residence to be used as a place of religious worship, so he withdrew his application. He then sued the city of University Heights and officials, alleging that the regulations violated his rights to freedom of religious exercise.
Grand’s lawyer also alleged that after he withdrew the application, the city government arranged for police to patrol his residence and city prosecutors to investigate alleged violations of housing regulations.
The lawyer further pointed out that the city withheld his occupancy certificates and tax exemptions, and sanitation workers frequently refused to collect his garbage.
However, the city government offered a different explanation. The city’s attorney stated that Grand voluntarily withdrew his permit application and did not wish to operate a religious place of worship in accordance with local zoning ordinances.
The attorney also stressed that city officials did not take enforcement action against Grand, and he could continue to reside in his home without facing any penalties.
Previously, a lower court dismissed Grand’s lawsuit on the grounds of immaturity of the case. Subsequently, the U.S. Court of Appeals for the Sixth Circuit upheld the ruling. Grand then appealed to the Supreme Court.
In the brief submitted on Tuesday, the Department of Justice argued that the lower court’s dismissal of the case on grounds of immaturity was incorrect.
The DOJ pointed out that Grand had suffered specific and actual harm, making his claims for redress of existing injury justiciable. As for the request for prospective relief, it also likely met the requirements for filing a lawsuit.
Furthermore, the DOJ emphasized that if local zoning ordinances themselves caused harm, individuals should not be required to complete a permitting process that cannot address their issues before initiating a lawsuit.
Harmeet Dhillon, Assistant Attorney General for Civil Rights at the DOJ, stated that local governments cannot illegally use zoning laws to prevent people from holding small prayer gatherings in private residences.
She noted that the DOJ’s Civil Rights Division will continue to enforce the Religious Land Use and Institutionalized Persons Act to protect Americans’ rights to exercise their religious beliefs freely and peacefully.
The U.S. Supreme Court agreed to hear Grand’s case on June 30.
University Heights did not immediately respond to a request for comment from The Epoch Times.
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