But the 5-0 vote Tuesday allowing religious institutions in business districts may not be a cure at all, lawyers and even one commissioner said. Instead, the new ordinance, which lumps religious organizations into the same category as dance studios, karate schools and other businesses that periodically draw large crowds, faces challenges because it limits their numbers.
Cooper City Changes Zoning Code for Religious Groups
COOPER CITY, FL — After months of what a federal judge described as foot-dragging, city commissioners rushed to fix a zoning law that was tossed out for illegally discriminating against religious groups.
But the 5-0 vote Tuesday allowing religious institutions in business districts may not be a cure at all, lawyers and even one commissioner said. Instead, the new ordinance, which lumps religious organizations into the same category as dance studios, karate schools and other businesses that periodically draw large crowds, faces challenges because it limits their numbers.
All are considered “public assembly,” and the law limits the total number allowed at a strip mall or plaza, depending on its size. If a strip mall already has three dance studios, for example, it won’t be able to rent to a religious institution.
Under the old law, religious organizations were barred from business districts.
“They have just traded one unlawful scheme for another,” attorney Jason Gordon, representing Chabad of Nova Outreach Center, said Wednesday. “They have shown they are not intent on fixing this code.”
Gordon said the Chabad won’t take any immediate legal action against the city over the new ordinance. The Chabad and the city are already locked in a federal lawsuit over the previous zoning law.
In January, a judge in that case found the zoning provision to be illegal and ordered city officials to craft a new one. Trial on the remaining issues is scheduled for next month.
Cooper City officials have been slow to respond, prompting a stern rebuke from U.S. District Judge Cecelia M. Altonaga at a June 25 hearing. During debate before Tuesday’s vote, several commissioners said they felt pressure to act before a court date Monday in Altonaga’s Miami courtroom.
“If we don’t take action tonight, from what I’ve been told, it could appear to the judge that we are avoiding the issue,” Commissioner Lisa Mallozzi said.
On Tuesday, only City Commissioner John Sims expressed worries the new ordinance may not solve the problem.
Still, Sims said he had to trust city staff and lawyers. “They do a good job and they said we believe this fully complies with the judge’s order.”
