A tentative settlement has been reached between the City of Virginia Beach and the Buddhist Education Center of America, Inc. that would allow a group of Buddhist monks to continue to hold limited religious services in a private home in the Pungo area of the city. 

Under terms of the agreement, the City Council will consider issuing a conditional use permit allowing the monks to use the property at 4177 West Neck Road for religious purposes, provided that such use is strictly limited to conducting meditation services only on Sundays between the hours of 10 a.m. and 2 p.m.  Except in the event of the death of a congregant or an immediate family member of a congregant, there would be no more than 20 individuals on the site at any one time for the Sunday meditation services. 

Additional conditions of the permit would include:  no special observances, festivals, special events or the like held on the property; no additional religious structures or facilities permitted on the site; no portable toilets or temporary facilities on the site; no charter buses; and no additional statues on the property.   

The agreement makes clear that there is no admission of liability by the City of Virginia Beach, and the City would pay no money, attorneys’ fees or costs to the plaintiffs.  

Some local citizens had complained to the City about traffic congestion and large crowds at the home.  In August, the City Council voted 8-2 against extending a 12-month permit that would have allowed temple members to continue holding weekly worship services along with three annual festivals at the private home.  The Buddhist Education Center subsequently filed suit against the city in federal court in September 2008, claiming that the city violated the Religious Land Use and Institutionalized Persons Act. 

City Attorney Mark Stiles said, “This has been a land use issue from the very beginning and not a religious issue.  The intent of the proposed agreement is to preserve the residential and agricultural character of the community while allowing the temple members to continue their Sunday worship services with the larger festivals moved to another location.”   

The stipulation of settlement has been filed in the federal court. The stipulation asks the court to refer the matter back to the City Council to consider whether to issue the permit after public notice and a public hearing.

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