If youâre a mayor, and you find yourself telling townspeople to report their neighbors for praying, itâs probably time to stop and ask: âAm I the bad guy?â
But (as this video shows) the mayor of University Heights, OH, showed no signs of self-doubt when he did just that in 2021.
His target was Daniel Grand, an Orthodox Jewish resident who had invited friends to a Sabbath prayer meeting in his home. Daniel hoped to start a weekly prayer meeting for around a dozen men: a small prayer group known as a minyan.
Because Orthodox Jews donât drive on the Sabbath, the only men attending would be those near enough to come on foot. Traffic or parking in the neighborhood would be a non-issue.
Most of us would find it absurd to suggest that hosting a weekly prayer group would turn oneâs home into a âhouse of assemblyââor require a zoning permit. Hosting dinner parties doesnât turn your home into a restaurant. A poker night doesnât turn your home into a casino. And University Heights didnât target secular gatherings like these.
But as soon as the mayor learned of Danielâs prayer invitation, he sent a âcease and desistâ letter, telling Daniel he was forbidden to host prayer meetings without obtaining a special-use zoning permit.
Daniel initially tried to comply with the cityâs demand. He applied for the permit and pleaded his case at a contentious, three-hour public meeting. But later, he realized that the zoning framework in question was not designed for a private residence at all. In fact, the law makes it clear that if he were granted special use as a âhouse of assembly,â he and his family would no longer be permitted to live in their home.
Daniel withdrew his application. But town officials continued to harass him, threatening him with criminal prosecution if he hosted prayer meetings. Neighbors were instructed to watch Danielâs property for signs of religious activity. Police patrols began driving by his home.
None of this is remotely acceptable under the First Amendment. Government officials cannot use zoning laws as a guise to target religious activity or chill religious worship. Daniel rightly filed a federal lawsuit.
In court, the city argued that Danielâs case should be dismissed because he had withdrawn his zoning permit application. He may only sue after his application is fully processed and denied, they said. The Sixth Circuit agreed.
But hereâs the truth: the city violated the Constitution much earlier. The moment they sent a âcease and desistâ letter forcing Daniel to seek a permit to pray in his own home, they ran afoul of the First Amendmentâand may be held accountable in court.
If the Sixth Circuitâs ruling stands, local governments will be empowered to chill religious exerciseâand discriminate against any disfavored viewpointâsimply by slow-walking their own zoning processes. Thatâs unacceptable.
@ADFLegal, alongside our co-counsel,
@Orrick Herrington & Sutcliffe LLP, is honored to be representing Daniel Grand in his appeal to the U.S. Supreme Court. The caseâGrand v. University Heightsâis scheduled for conference this Thursday. Every American who cares about religious liberty and government accountability should be watching this case.
And if youâre inclined, please say a prayer. No permit required.