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Linklaters files amicus brief supporting Orthodox Jewish community in Second Circuit religious freedom case

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16 December 2025

Linklaters is proud to announce the filing of an amicus curiae brief in the United States Court of Appeals for the Second Circuit in Lost Lake Holdings, LLC, et al. v. Town of Forestburgh, et al., on behalf of several Muslim civic and faith-based organizations. The case, brought by members of the Orthodox Jewish community, alleges that the upstate New York town of Forestburgh used the land use and permitting process to discriminate against prospective Orthodox Jewish residents in violation of the Fair Housing Act and the United States Constitution.

The brief emphasizes the shared and recurring pattern of discrimination that Jewish and Muslim communities have faced in land use disputes across the country. As the amici explain, zoning and permitting regimes are too often weaponized once it becomes clear that a religious minority will be the intended beneficiary of a proposed development. These practices—frequently cloaked in neutral planning rationales—have historically been used to exclude Jewish and Muslim communities from equal participation in housing and community life, underscoring the importance of vigilance and solidarity across faiths.

Testimonial

“Religious freedom and equal treatment under the law are foundational principles that protect all communities, regardless of faith. When the land use process is manipulated to exclude one religious group, it threatens the rights of everyone. That is why communities of faith must stand up for one another—to ensure that discrimination finds no refuge in bureaucratic process or local politics.”

Muhammad Faridi

Partner

Testimonial

“Jewish and Muslim communities have long understood that land use discrimination rarely announces itself openly. It appears through delay, shifting rules, and selective enforcement. Standing together in cases like this reinforces a simple but vital principle: religious minorities are entitled to the same dignity as anyone else.”

Aviva Kushner

Senior Associate

The Forestburgh filing continues Linklaters’ broader pro bono commitment to protecting religious liberty and challenging discriminatory land use practices. Earlier this year, Linklaters successfully represented Muslims on Long Island (MOLI) in a DOJ-backed case against the Town of Oyster Bay under the Religious Land Use and Institutionalized Persons Act, and the federal and state constitutions, ultimately reaching a landmark settlement enabling the construction of a house of worship.

The Linklaters team representing the amici in this matter consisted of Muhammad Faridi, Aviva Kushner, Max Blinder Acenal, Ben Bolnick, Alexandra Prior, and Saumya Sinha.

The brief can be accessed here.

Linklaters files amicus brief supporting Orthodox Jewish community in Second Circuit religious freedom case

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Linklaters files amicus brief supporting Orthodox Jewish community in Second Circuit religious freedom case

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