City Argues State Religious Liberty Protections Do Not Apply to Storefront Churches and Places of Worship
MANCHESTER, N.H. — Cornerstone filed suit Wednesday against the City of Dover on behalf of The Prayer Room at Dover, a place of worship the City is seeking to block from gathering at its downtown storefront location. Dover is demanding the congregation obtain a conditional use permit before it may use its space—for no reason other than that it is a place of worship.
Dover’s position defies state law. RSA 674:76, signed by Governor Sununu in 2022, was passed because New Hampshire municipalities have, for years, subjected houses of worship to special permitting processes—applications, fees, public hearings, planning board approvals—that aren’t imposed on theaters, restaurants, or other venues. The law is unambiguous: no zoning ordinance may regulate land “primarily used for religious purposes” except under narrow circumstances.
Yet, despite the passage of this law, New Hampshire towns—backed by the taxpayer-funded Municipal Association—have carried on as if the law does not exist. Municipalities continue to subject religious uses of land to discretionary permitting requirements that they do not impose upon comparable secular uses, seizing upon every collateral argument they can think of to avoid following the law.
The Prayer Room rents space inside a multi-use building rather than occupying a freestanding structure. Dover argues that RSA 674:76 only protects churches that own or lease an entire freestanding building—and therefore does not protect storefront churches.
This is wrong. In a case like this one, New Hampshire’s “primary purpose” test means that the presence of a storefront church does not convert the entire multi-tenant structure into a protected place of worship. It does not mean that a storefront church itself is exposed to discrimination.
New Hampshire’s storefront churches face other forms of legal jeopardy. A city that illegally discriminates against a storefront church can pressure a landlord to evict a congregation. Because New Hampshire does not allow suits for retrospective violations of state constitutional rights, this would moot the church’s lawsuit and allow the city to evade accountability. Fortunately, we do not believe The Prayer Room will be evicted—giving them the opportunity to stand up for storefront houses of worship across the state.
“This case is a perfect example of why we need to pass legislation like the bill introduced by the former Rep. Glenn Cordelli, which would allow Granite Staters to sue for past violations of their religious liberty, free speech, and other fundamental rights,” said Shannon McGinley, Executive Director of Cornerstone Action. “Right now, a city could violate your church’s constitutional rights, have you evicted from your meeting space, and walk away without consequence. That is not justice. Protecting the constitutional rights of Granite Staters must include holding the government accountable when those rights are violated. Fixing this loophole will be one of Cornerstone’s legislative priorities in 2027.”
Cornerstone is asking the court to declare Dover’s permit requirement unlawful under RSA 674:76 and the New Hampshire Constitution, and to permanently enjoin the City from conditioning The Prayer Room’s worship on municipal approval.
Cornerstone is a Christian advocacy group that serves as New Hampshire’s voice for Christians in Concord and the courts, representing over one hundred churches around the state in litigation and policy advocacy.
