Early believers gathered in homes to pray, teach, and break bread. When authorities later demanded registration or closure of such meetings, Christians appealed to divine law over human commands that contradicted it. Then Peter and the other apostles answered and said, We ought to obey God rather than men. (Acts 5:29, KJV)

Daniel Grand, an Orthodox Jew, lives in University Heights, Ohio. His faith requires communal prayer with a minyan of at least ten men on the Sabbath. He invited a small group of neighbors to gather for these services in his home.

A neighbor complained. City officials issued a cease-and-desist letter. The letter stated that Grand’s home could not serve as a place of religious assembly in a residential zoning district without a special-use permit. It threatened code enforcement if he continued.

Grand canceled the next service and submitted a permit application. Neighbors filed opposition letters that expressed open hostility to Jewish practice. One writer stated he did not want the neighborhood “labeled as Jewish.” The city held a public hearing marked by similar opposition.

After Grand withdrew the application, Mayor Michael Dylan Brennan declared at the Planning Commission meeting that the cease-and-desist order remained in full force. He told those present: “If you observe such activities, and I hope you do not, but if you do, you may report them to the city, and the city will enforce its laws…” A police lieutenant directed patrol units to conduct frequent drive-bys of the home. The city prosecutor initiated a housing code investigation. An inspector searched the residence with consent from Grand’s wife and found no violations.

Grand sued under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, and the First Amendment. RLUIPA prohibits governments from imposing substantial burdens on religious exercise through land-use rules unless the rules serve a compelling interest by the least restrictive means.

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