Thai Meditation Ass'n of Ala., Inc. v. City of Mobile

• Citation: 349 F.Supp.3d 1165
• Decision Date: 28 September 2018
• Docket Number: Civil Action No. 1:16-cv-00395-TM-MU
• Parties: THAI MEDITATION ASSOCIATION OF ALABAMA, INC., et al., Plaintiffs, v. CITY OF MOBILE, ALABAMA, Defendant.
• Court: U.S. District Court — Southern District of Alabama

349 F.Supp.3d 1165

THAI MEDITATION ASSOCIATION OF ALABAMA, INC., et al., Plaintiffs,
v.
CITY OF MOBILE, ALABAMA, Defendant.

Civil Action No. 1:16-cv-00395-TM-MU

United States District Court, S.D. Alabama, Southern Division.

Signed September 28, 2018

349 F.Supp.3d 1173

John L. Lawler, Mobile, AL, Blair Lazarus Storzer, Pro Hac Vice, Roman P. Storzer, Pro Hac Vice, Storzer & Associates, P.C., Washington, DC, for Plaintiffs.

Douglas L. Anderson, Michael David Strasavich, Burr & Forman LLP, Taylor Barr Johnson, Mobile, AL, for Defendant.

ORDER

TERRY F. MOORER, UNITED STATES DISTRICT JUDGE

This matter is before the Court on the parties' cross motions for summary judgment. Defendant City of Mobile filed a Motion for Summary Judgment and Memorandum in Support, (Docs. 89 & 90), a reply brief in support, (Doc. 104), a response and supporting documents to Plaintiffs' motion for partial summary judgment, (Docs. 100 & 101), and a response in opposition to Plaintiffs' sur-reply, (Doc. 110). Plaintiffs Thai Meditation Association of Alabama, Inc., Sivaporn Nimityongskul, Varin Nimityongskul, Serena Nimityongskul, and Prasit Nimityongskul have filed a Motion for Partial Summary Judgment and Memorandum in Support, (Docs. 91 & 94), a reply brief in support (Doc. 106), a response and supporting documents to Defendant's motion for summary judgment, (Docs. 97 & 98), and a sur-Reply in opposition to Defendant's motion for summary judgment, (Doc. 112). For the reasons stated below, Defendant's motion for summary judgment is due to be GRANTED IN PART AND DENIED IN PART , and Plaintiffs' motion for partial summary judgment is due to be DENIED.

349 F.Supp.3d 1174

I. Procedural Background

This matter arises out of the Defendant's denial of Plaintiffs' zoning applications to construct a Buddhist meditation center in a residential district. The Complaint asserts seven counts: (1) Defendant imposed and implemented land use regulations, both on their face and as applied, in a manner that places a substantial burden on Plaintiffs' religious exercise in violation of 42 U.S.C. § 2000cc(a) ; (2) Defendant imposed and implemented land use regulations, both on their face and as applied, in a manner that discriminates against Plaintiffs on the basis of religion and religious denomination in violation of 42 U.S.C. § 2000cc(b)(2) ; (3) Defendant imposed and implemented land use regulations, both on their face and as applied, in a manner that treats Plaintiffs on terms that are less than equal to nonreligious assemblies in violation of 42 U.S.C. § 2000cc(b)(1) ; (4) Defendant has deprived Plaintiffs of their right to free exercise of religion under the First Amendment in violation of 42 U.S.C. § 1983 ; (5) Defendant has deprived Plaintiffs of their right to equal protection under the laws under the Fourteenth Amendment in violation of 42 U.S.C. § 1983 ; (6) Defendant imposed and implemented land use regulations, both on their face and as applied, in a manner that places a burden on Plaintiffs' religious exercise in violation of Article I, § 3.01 of the Alabama Constitution ; and (7) Defendant has negligently misrepresented facts relating to Plaintiffs' zoning classification in violation of Alabama state law. (Doc. 1).

Defendant filed a motion to dismiss certain parts of the Complaint. (Doc. 18). The Court granted in part Defendant's motion to dismiss as to the facial components of Counts 1, 2, and 3. (Doc. 31). Defendant's motion to dismiss as to Count 7 was denied. Id. The parties subsequently filed cross motions for summary judgment—Defendant's motion on all counts, and Plaintiffs' motion on Counts 1 through 6. Each party briefed their position and provided evidentiary support thereof to the Court. This matter is now ripe for consideration.

II. Factual Background

In 2015, Plaintiffs Sivaporn Nimityongskul ("Nimit"), Varin Nimityongskul ("V. Nimit"), Serena Nimityongskul ("S. Nimit"), and Prasit Nimityongskul ("P. Nimit") (collectively, "the Nimit Plaintiffs") purchased property located at 2354 and 2410 Eloong Drive ("the Eloong property") for the primary purpose of constructing a Buddhist meditation center on the site. (Doc. 92-4; Doc. 92-29; Doc. 92-30, p. 19 ¶¶ 12-22). Plaintiff Thai Meditation Association of Alabama, Inc., ("TMAA")¹ has a leasehold interest in the Eloong property. (Doc. 92-29).

In September 2015, Nimit submitted an application to the City of Mobile Planning Commission ("the Planning Commission") for Planning Approval, Planned Unit Development ("PUD"), and Subdivision Approval (collectively, the "Applications" or "Plaintiffs' Applications") to permit TMAA's development on the Eloong property. (Doc. 93-21). In the Applications, Plaintiffs sought construction of a 2,400-square foot meditation center building, a 2,000-square foot cottage for visiting monks, a 600-square foot restroom facility, and associated parking. (Doc. 93-22). The Planning Commission ultimately denied Plaintiffs' Applications, and the Mobile City Council ("the City Council") denied Plaintiffs' appeal, upholding the Planning Commission's decision. (Doc. 92-20, p. 2).

349 F.Supp.3d 1175

A. The Zoning Ordinance

Chapter 64 of the Code of the City of Mobile, Alabama ("the Zoning Ordinance") divides Mobile into fifteen zoning districts, identified in Section 64-3 of the Zoning Ordinance. (Doc. 92-12, pp. 20-53). Section 64-3 of the Zoning Ordinance sets forth the specific regulations governing the applicable districts and delineates uses permitted by right and uses requiring planning approval. Id. at p. 22-53, 137. If a requested use in a particular zone is not specifically listed, the City of Mobile's director of inspection services or his agent may determine in which district the use may be permitted by right or with planning approval. Id. at p. 137.

Under the Zoning Ordinance, a "church or religious facility" is permitted by right in all business districts, but it must receive planning approval to locate in any residential district. Id. at p. 146. Accordingly, before a church or religious facility may locate in a residential area, the Planning Commission must determine if the facility's location would be in harmony with, and appropriate for, the residential district. Id. at p. 137.

The Eloong Property is located in an R-1 Residential District ("R-1 District"). (Doc. 93-1). R-1 Districts are composed of primarily "one-family dwellings and small open areas ... where residential development seems likely to occur." (Doc. 92-12, p.22). Churches and schools are permitted with Planning Approval in R-1 Districts because Defendant wishes to encourage suitable neighborhood environments for families. Id. Because Plaintiffs sought to build a religious facility in an R-1 District, they were required to apply for Planning Approval.

B. Plaintiffs' Religious Beliefs

TMAA is a Buddhist religious organization. (Doc. 93-24, p. 1). The organization's purpose is "[t]eaching and research into growth and development of mind and spirit through meditation and to expand the knowledge of Buddhism." Id. It is affiliated with the Dhammakaya school of Buddhism, a sect of Theravada Buddhism headquartered in Wat Phra Dhammakaya in Pathum Thani, Thailand. (Doc. 93-75 ¶¶ 14-16). TMAA's religious exercise includes "prayer, meditation, various religious ceremonies, lectures, teaching and learning." Id. at ¶ 17. While there are many different schools of Buddhism, TMAA engages in the meditation technique known as Dhammakaya meditation, which is practiced by thousands of temples in Thailand. Id. at ¶ 13, 17. Meditation sessions at TMAA are led by either monks or lay teachers trained in Dhammakaya meditation. Id. at 17. Plaintiffs believe "Shakyamuni Buddha, the founder of the Buddhist religion, achieved his great spiritual insights as a result of years of meditation, and he taught that mediation is central to following his teachings." Id. at ¶ 21. Every week, TMAA offers four meditation classes with talks on Buddhist scriptures and morality. Id. at ¶ 36.

Defendant, however, questions Plaintiffs' meditation practice as religious exercise. (Doc. 100, p. 3). Defendant bases its viewpoint on various public announcements, in which Plaintiffs explained why religion is not important for meditation. (See, e.g. , Doc. 92-16). For instance, in a 2010 article published by AL.com, Nimit explained, "[T]his meditation center was established in order to teach people how to find inner peace and happiness. My ultimate mission is to spread world peace through inner peace, and have people see that mediation is not to be associated with any one particular, race, culture, and religion ...." (Doc. 92-16, p. 7). TMAA also holds itself out to be a non-profit, non-religious organization on social media and other website directories. Id. at p. 10; 14-15. Furthermore, in her deposition, Nimit agreed:

349 F.Supp.3d 1176

The great thing about meditation is that philosophy/religious belief is not important. Meditation is about consciousness. The beliefs of the mind become trivial. You dive deep into the heart of the matter to gain access to your soul – your

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