On December 15, the Hindu American Foundation filed an amicus brief supporting Lost Lake Holdings, LLC in its case against the town of Forestburgh, New York. After Lost Lake purchased a development parcel in Forestburgh, the town created significant hurdles through zoning code enforcement and rule changes. Those hurdles were imposed by town officials who made blatantly anti-Semetic statements throughout the process. Despite this clear discriminatory motive demonstrated by the board’s actions, the District Court dismissed Lost Lake’s claims because there was no “final” decision from the zoning board. HAF is supporting Lost Lake in its appeal of that decision to the Second Circuit Court of Appeals.
HAF’s brief highlights the ways that land use and zoning regulations have historically been weaponized to exclude racial and religious minorities – including Hindus and Dharmic faith groups. The federal government has had to pass constitutional amendments and laws to protect minorities precisely because localities have long abused these processes to keep minorities out. Localities still attempt to keep out racial and religious minorities, severely curtailing their access to thriving areas and public services, further compounding the dignitary harm of treating people poorly based on their identity. The Jewish community faces that harm in this case, and the Dharmic community has faced similar challenges particularly in areas where they have a visible presence and busy temples.
Needhy Shah (HAF Legal Director) commented:
“Federal protections on land use for racial and religious minorities, like Hindus, were passed decades ago and they are still needed now. HAF has seen towns use covert tactics like targeted zoning changes or enforcement to make it difficult for Hindus, Buddhists, and Jains to build or expand houses of worship. Given the history in this case, Lost Lake should not be forced to keep wasting resources by fighting until they receive a ‘final’ decision from a zoning board biased against the Jewish community.”
This amicus brief was prepared by the Harvard Law School Religious Freedom Clinic (counsel on the brief include Joshua C. McDaniel, Parker W. Knight III, Kathryn F. Mahoney, and Steven W. Burnett).
