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Court Rejects Free Exercise Claims of 9-11 Families Seeking Move of Sifted Debris

By Howard M. Friedman

In WTC Families for a Proper Burial, Inc. v. City of New York, 2008 U.S. Dist. LEXIS 51994 (SDNY, July 7, 2008), a New York federal district court rejected an attempt by families of 1100 unrecovered 9-11 victims to force the city of New York to move finely-sifted World Trade Center debris (in which no remains are identifiable) from the city's Fresh Kills landfill to a new location that would be created as a cemetery. The city claims that the costs of such a plan would be prohibitive. After moving to the merits, despite questions about standing, the court held that plaintiffs' Free Exercise rights to bury their loved ones in accordance with their religious beliefs had not been violated. The court concluded that the city's decisions on handling the remains passed both a "rational basis" and "compelling interest" test. The city's purpose was not to infringe anyone's religious sensibilities. An incidental burden imposed by a general rule or policy does not violate religious rights. The court also rejected due process claims and claims under the state's conservation and burial laws. The New York Times last week reported on the decision.

Full post as published by Religion Clause on July 13, 2008 (boomark / email).