Does RLUIPA’s “Equal Terms” Provision apply when a zoning law does not allow churches within a zone?
Maybe, it depends on the allowed uses within the zone. The equal terms provision simply requires that religious institutions or assemblies be treated no less than equally with nonreligious institutions or assemblies. It therefore follows that if nonreligious institutions/assemblies are disallowed within a zone, it would be perfectly legal to treat religious assemblies and institutions the same.
