Imagine you’re a member of a religious minority that’s on the receiving end of a lot of hate, and the local zoning board is giving you a hard time over plans to expand your house of worship. Is it regulators being their nitpicky selves? Are the neighbors weaponizing rules to squeeze out the cars and foot traffic that accompany any successful endeavor? Or could it be hostility directed at your faith? Zoning has been used and abused in all these ways, which underlines the need for reform.
Bigotry Through Red Tape
“A proposal to dramatically expand Harvard Chabad’s Banks Street headquarters failed to win approval from the Cambridge Board of Zoning Appeals during a contentious Thursday public hearing,” The Harvard Crimson reported last week. “The rejection leaves the Jewish student organization to revise and clarify the proposal before a follow-up hearing in June.”
Harvard Chabad’s Rabbi Hirschy Zarchi told me that opposition to the group’s expansion has featured many “inappropriate comments” including suggestions that the group is “too visibly Jewish.” Other criticism, he says, is more “classic NIMBY,” though it sometimes touches on the nature of Chabad in the former of objections to the presence of security often required by Jewish organizations after October 7.
Zarchi and company aren’t alone. Just last month, the U.S. Department of Justice warned officials in Hawaii about their efforts to block operation of a Chabad house. The plaintiffs in a lawsuit against Hawaii County “have established a likelihood of success on the merits” of their claims of bias, according to Kristen Clarke, assistant attorney general of the U.S. Justice Department’s Civil Rights Division.
Part of the problem in Cambridge could be general opposition to houses of worship, which draw crowds but don’t generate much money for revenue-hungry governments.
“Many land-use disputes aren’t about explicit bigotry,” Emma Green wrote in 2017 for The Atlantic. “They arise from concerns about noise, lost property taxes, and Sunday-morning traffic jams. The effect is largely the same, and can be just as devastating as outright hatred: A religious community is dragged into a lengthy, and costly, dispute with a city or town.”
Use of zoning laws to block churches, synagogues, and mosques has been such a problem that it inspired the passage of the Religious Land Use and Institutionalized Persons Act in 2000. “Zoning codes and landmarking laws may illegally exclude religious assemblies in places where they permit theaters, meeting halls, and other places where large groups of people assemble for secular purposes,” notes the Department of Justice in a commentary on the law. That the effort wasn’t fully successful is apparent from the fact that the Justice Department is still cautioning jurisdictions over land use regulations that, as in Hawaii, explicitly discriminate against religious groups.
Hellbound and Down 