May 20, 2020
JACKSON TOWNSHIP (OCEAN) AND NEWARK, NJ – The Justice Department today announced that it filed a lawsuit against Jackson Township, New Jersey, and the township planning board alleging they implemented zoning ordinances that intentionally restrict the operation of religious schools and housing associated with such schools, including religious boarding schools known as yeshivas, required by the Orthodox Jewish community.
The complaint alleges that the township passed two ordinances, and the planning board applied those ordinances in a manner that discriminated against the Orthodox Jewish community, in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and the Fair Housing Act (FHA). Both ordinances expressly prohibit dormitories throughout Jackson, making it impossible for religious boarding schools such as Orthodox Jewish yeshivas to establish there. Although Jackson passed these ordinances to prevent dormitories anywhere in Jackson, the planning board has since approved, without requiring a variance, the plans for two nonreligious projects with dormitory-type housing.
“Religious discrimination has no place in our society and runs counter to the founding principles of our nation,” U.S. Attorney Craig Carpenito said. “No religious community should ever face unlawful barriers or be singled out for inferior treatment. This complaint reflects our continued commitment to combat discrimination and unequal treatment.”
“Using zoning laws to target Orthodox Jewish individuals for intentional discrimination and exclude them from a community is illegal and utterly incompatible with this Nation’s values,” Eric Dreiband, Assistant Attorney General for the Civil Rights Division, said. “Let me be clear. The Department of Justice will use the full force of its authority to stop such anti-Semitic conduct and prevent its recurrence.”
The complaint also alleges that the township and planning board enacted the ordinances with respect to religious dormitories against a backdrop of extreme animus by Jackson residents and township decision makers toward the Orthodox Jewish community and a movement by residents to keep Orthodox Jewish community members from settling in Jackson. The complaint alleges that the township and planning board’s actions towards the Orthodox Jewish community violate RLUIPA’s non-discrimination and equal terms provisions, as well as the FHA.