City attorney urges neutral ‘assembly’ approach to avoid RLUIPA litigation
City Attorney Art Rodriguez advised council to regulate assemblies by size and impact rather than by 'church' designation, citing the Elijah Group 5th Circuit precedent and RLUIPA risks; staff were asked to inventory secular assemblies and alcohol‑permit proximities before drafting ordinance changes.
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City Attorney Art Rodriguez reviewed legal risks under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and related Texas law and told council that treating religious uses differently than comparable secular assemblies creates exposure to costly litigation.
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