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8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 5 of 18 Page ID #:184 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />I <br />27 <br />28 <br />11. STATEMENT OF INTEREST OF THE UNITED STATES <br />Pursuant to 28 U.S.C. § 517, the United States respectfully submits this Statement <br />of Interest to the Court relating to the Defendant City of Santa Ana's ("City") Motion to <br />Dismiss ("Motion" or "Mot."), ECF No. 16. ' This case raises important questions <br />involving the application of the Religious Land Use and Institutionalized Persons Act <br />("RLUIPA"), 42 U.S.C. §§ 2000cc et seq. In addition to creating a private cause of <br />action, RLUIPA charges the Attorney General with enforcing its provisions. See 42 <br />U.S.C. § 2000cc-2(f). Because this litigation implicates the proper interpretation and <br />application of RLUIPA, the United States has a strong interest in the issues raised by the <br />City's Motion and believes that its participation will aid the Court. The scope of the <br />United States' Statement of Interest is limited to what constitutes religious exercise and <br />whether Plaintiff has sufficiently alleged a substantial burden claim under RLUIPA. As <br />Plaintiff has plausibly alleged a violation of RLUIPA, the City's Motion to Dismiss <br />Plaintiff's RLUIPA claim should be denied. <br />II. BACKGROUND <br />According to the Complaint ("Compl."), ECF No. 1, Micah's Way ("MW'), is a <br />"faith -based organization" named after the "`Micah Mandate' set forth in Micah 6:8 in <br />the Bible." 2 Compl. ¶5. The "Micah Mandate" requires followers "[t]o act justly, and to <br />love mercy, and to walk humbly with your God." Id. MW describes itself as a <br />' Under 28 U,S.C. § 517, "[t]he Solicitor General, or any officer of the Department of <br />Justice, may be sent by the Attorney General to any State or district in the United States <br />to attend to the interests of the United States in a suit pending in a court of the United <br />States, or in a court of a State, or to attend to any other interest of the United States." <br />Z A court must, on a motion to dismiss, assume the truth of the well -pleaded allegations <br />of the complaint. Ashcroft v_ Igbal, 556 U.S. 662, 678 (2009) (citing Bell Atlantic Co. v. <br />Twombly, 550 U.S. 544, 555 (2007)). For this reason, the United States treats the <br />Plaintiff's allegations as true in this Statement of Interest. The United States takes no <br />position on the merits of Plaintiffs claims, including whether the City has violated <br />RLUIPA. <br />rd <br />