In a case that could have far-reaching ramifications for the Orthodox Jewish community, Agudath Israel of America filed an amicus curiae “friend of the court” brief in support of a state prisoner who seeks monetary damages because his religious rights were violated by prison officials.
The case, Walker v. Baldwin, was brought by Thomas Walker, a Rastafarian who was forced to cut his dreadlocks while in prison, in violation of his sincerely held religious beliefs. Mr. Walker, who has since been released from prison, is now attempting to obtain monetary compensation for the infringement of his religious liberty under the Religious Land Use and Institutionalized Persons Act (RLUIPA). However, a district court in Illinois ruled that Mr. Walker was not entitled to monetary damages against individual state officials under RLUIPA. The case is now under appeal in the U.S. Seventh Circuit Court of Appeals.
RLUIPA establishes a high level of protection for religious practice in the two areas covered by the statute: land use and prisoners’ rights. The law further provides that an aggrieved party may “obtain appropriate relief against a government.” Agudath Israel’s brief in the Court of Appeals points out that this language is identical to language in another federal religious liberty statute, the Religious Freedom Restoration Act (RFRA), which the U.S. Supreme Court has already interpreted as including the assessment of monetary damages against government officials in appropriate cases. That interpretation, Agudath Israel maintains, is no less applicable in cases arising under RLUIPA.
The Agudath Israel brief cites many cases involving local efforts to prevent the building of shuls or the maintenance of eruvin (among other religious activities). These efforts are often motivated by the desire to keep Orthodox Jews from moving into the neighborhood, and are fueled by anti-Orthodox animus. The availability of damages under RLUIPA in such cases would create a tremendous disincentive for municipalities to try to block essential religious structures.
“RLUIPA has been a critical tool for fighting against religious discrimination,” said Agudath Israel’s Executive Vice President Rabbi Chaim Dovid Zwiebel, “but its effectiveness is severely diminished if a municipality has no fear of being assessed monetary damages for violations of religious liberty. That is why this case is so important.”
Agudath Israel thanks the law firm of Jenner & Block LLP and its attorneys Sati Harutyunyan, Gabriel Gillett, Mark Davis, and especially Shamai (Scott) Whitman, who authored this important brief on Agudath Israel’s behalf.