What is the initial burden under RLUIPA on establishing that the regulation substantially burdens the practice of his religion?

MultiRegion, United States of America

The following excerpt is from Fuller v. Cate, No. CIV S-09-1139 JAM EFB P (E.D. Cal. 2011):

the burden results from a rule of general applicability, " unless the government establishes that the burden furthers "a compelling governmental interest, " and does so by "the least restrictive means...." 42 U.S.C. 2000cc-1(a)(1)-(2). Under RLUIPA, plaintiff bears the initial burden of establishing that the regulation substantially burdens the practice of his religion by preventing him from engaging in conduct mandated by his faith. See Warsoldier v. Woodford, 418 F.3d 989, 994-95 (9th Cir. 2005).

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