Federal District Court Upholds Permit Requirement for Religious Encampments in Burien
On February 3, 2025, the U. S. District Court for the Western District of Washington ruled in favor of the City of Burien, allowing it to require permits for religious organizations wishing to host encampments. This decision arose from the case Pastor Mark Miller, et al. v.
City of Burien, et al. , where the court found that while the plaintiffs had standing for some claims, most were dismissed due to insufficient arguments. The ruling highlighted that Burien's permit requirement is a neutral, generally applicable regulation aimed at safeguarding public health and safety, rather than an unconstitutional restriction on religious practices. Moreover, the court determined that the permit requirement does not constitute a substantial burden under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court also concluded that the Church failed to demonstrate that the regulation impacts free speech under the First Amendment.
By affirming the regulation's applicability to all landowners, the court reinforced Burien's commitment to fair land use policies. This ruling not only upholds constitutional protections but also emphasizes the importance of maintaining community safety and peace. The outcome reflects the ongoing balance between local regulations and the rights of religious organizations.