LawyersUSA

A condominium association's rule prohibiting the display of religious symbols outside tenant doorways does not violate the Fair Housing Act, the 7th Circuit has ruled in granting summary judgment for the association.

The owners' association adopted a rule prohibiting tenants from leaving objects in the hallways outside their doors and from placing signs on their hallway doors.

A tenant placed a mezuzah – a Jewish symbol – on the doorpost of her unit, which the association had removed.

The tenant argued that because her religion requires the placement of the icon outside all entrances, the association's rule amounted to religious discrimination against Jewish tenants.

She sued, seeking an injunction and damages for distress.

But the court rejected her claims.

"The [tenant's] objection to this rule is not that it is designed to target a religion, but that it lacks a religious proviso. … [The U.S. Supreme Court has] held that a neutral, exception-free rule is not discriminatory and is compatible with the Constitution's free exercise clause," the court said.

"By requiring accommodation of handicap but not race, sex, or religion, the [Act's] structure tells us that the [it] uses the word 'discriminate' to mean something other than 'failure to accommodate.' We cannot create an accommodation requirement for religion (race, sex, and so on). … The [Act] requires accommodation of handicaps but not religious beliefs and practices."

U.S. Court of Appeals, 7th Circuit. Bloch v. Frischholz, No. 06-3376. July 10, 2008. Lawyers USA No. 99310322. Click here for the full text of this opinion.