Federal District Court Ruled that Cities May Require a Permit before a Religious Organization Hosts an Encampment to Protect Public Health, Peace, and Safety
On February 3, 2025, the U.S. District Court for the Western District of Washington granted Burien’s motion to dismiss in Pastor Mark Miller, et al. v. City of Burien, et al.
After finding that the Plaintiffs had standing to bring their suit claiming a violation of the Church’s 1) right to the free exercise of religion under the First and Fourteenth Amendments; (2) due process rights under the First and Fourteenth Amendments; (3) RLUIPA rights; (4) right to freedom from prior restraint under Article 1 of the Washington constitution; (5) right to free exercise of religion under Article 1 of the Washington constitution; (6) rights under Article 11 of the Washington constitution to be free from local ordinances that conflict with state statutes; and (7) statutory rights under RCW 35.21.360. All claims other than the RLUIPA and the First Amendment Free Speech and Free Exercise Clauses were dismissed as a matter of law since the Plaintiffs failed to present any arguments supporting those claims.
After carefully considering the pleadings, motion to dismiss, opposition, reply, and legal authority, the Court held that Burien’s permit requirement was a neutral, generally applicable regulation designed to ensure public health and safety rather than an unconstitutional restriction on religious expression.
Significantly, the Court found that requiring a permit application is not a substantial burden under RLUIPA. The Court then found that the Church “failed to plausibly allege that the challenged regulation impacts speech under the First Amendment Free Speech Clause. Finally, the Court concluded that the regulation did not constitute a prior restraint on speech, emphasizing that the law applied equally to all landowners and was not targeted at religious institutions or expressive conduct, and as a result, the Church “failed to state a free exercise claim under the First Amendment.”
This ruling affirms Burien’s commitment to fair and consistent land use policies while upholding constitutional protections and protecting the health, peace, and safety of the Burien community.
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