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KHATIB v. COUNTY OF ORANGE
639 F.3d 898 (2011)
Souhair KHATIB, Plaintiff-Appellant,
v.
COUNTY OF ORANGE, a political subdivision; Michael S. Carona, an individual; Brian Cossairt, an individual, Defendants-Appellees.
No. 08-56423.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted December 13, 2010.
Filed March 15, 2011.
Before: ALEX KOZINSKI, Chief Judge, MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS, M. MARGARET McKEOWN, RAYMOND C. FISHER, RONALD M. GOULD, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, SANDRA S. IKUTA, and N. RANDY SMITH, Circuit Judges.
Opinion by Judge McKEOWN; Concurrence by Judge GOULD.
OPINIONMcKEOWN, Circuit Judge: Recognizing the significance of religious freedom in all aspects of life, Congress passed the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA" or "the Act") to "protect[ ] institutionalized persons who are unable freely to attend to their religious needs and are therefore dependent on the government's permission and accommodation for exercise of their religion." Cutter v. Wilkinson, 544 U.S. 709, 721, 125 S.Ct. 2113, 161 L.Ed.2d 1020 (2005). RLUIPA prohibits state and local governments from imposing "a substantial burden on the religious exercise of a person residing in or confined to an institution" unless the government demonstrates that imposing that burden "is the least restrictive means" of furthering "a compelling governmental interest." 42 U.S.C. § 2000cc-1(a). The term "institution" includes "a jail, prison, or other correctional facility" and "a pretrial detention facility." 42 U.S.C. § 1997(1)(B). We consider whether the Orange County Santa Ana Courthouse holding facility, where every day hundreds of individuals are detained in connection with court proceedings, is an "institution" as defined by RLUIPA. We conclude that this facility is such an "institution" under RLUIPA, and thus the Act covers persons detained at the facility. Our interpretation of the statute is guided by three principles. To begin, the focus of our inquiry is narrow and preliminary. The only question before us is whether Orange County's facility is an "institution" under RLUIPA; other courthouse or detention facilities have unique characteristics that warrant individualized review. Next, we are mindful that the issue of accommodation—whether the substantial burden on religious exercise is "the least restrictive means of furthering [a] compelling governmental interest"—is distinct from the threshold issue of whether the facility is a covered "institution" in the first place. 42 U.S.C. § 2000cc-1(a). The accommodation question involves serious practical considerations regarding institutional safety, security, and the feasibility of accommodation that are not before us now. Finally, Congress has explicitly directed us to resolve any ambiguities in RLUIPA "in favor of a broad protection of religious
exercise, to the maximum extent permitted." 42 U.S.C. § 2000cc-3(g) (emphasis added). With this framework in mind, we turn to the background of the case. BACKGROUNDSouhair Khatib is a practicing Muslim. In accordance with her religious beliefs, Khatib wears a hijab, or headscarf, covering her hair and neck when in public. Khatib and her husband pled guilty in Orange County Superior Court to a misdemeanor violation of California welfare law. The Khatibs were sentenced to three years' probation and ordered to complete thirty days of community service. Two days before the deadline for completing their community service, Khatib and her husband appeared in Orange County Superior Court to seek an extension. The court revoked Khatib's probation and ordered her taken into custody. Khatib was handcuffed and taken to the Santa Ana Courthouse's holding facility.
1. CRIPA's legislative history is consistent with RLUIPA's broad mandate. According to the House Conference Report on CRIPA, "pretrial detention facility" is a "generic term ... intended to cover any institution or facility which confines detainees who are awaiting or participating in criminal trials." H.R.Rep. No. 96-897, at 10 (1980) (Conf.Rep.), reprinted in 1980 U.S.C.C.A.N. 832, 834. The term "jail or prison or other correctional facility" is similarly broad and encompasses "those institutions in which persons are wholly or partially confined or housed as part of a criminal sanction or process." Id.
2. Because there is no ambiguity in the statute and the plain meaning compels our conclusion, we need not rely on RLUIPA's generous rule of construction in this case. However, to the extent there is any question as to the statute's applicability, Congress's mandate that we construe the Act in favor of "broad protection of religious exercise" to institutionalized persons serves to reinforce our analysis. 42 U.S.C. § 2000cc-3(g).
3. See Cal.Penal Code § 919(b). Khatib submitted the 2006-2007 and 2007-2008 reports to the district court, along with a request to take judicial notice. We construe the court's incorporation of the reports into its order as effectively taking judicial notice of the documents. See United States v. Ritchie, 342 F.3d 903, 909 (9th Cir.2003) (courts may take judicial notice of public reports).
4. The fact that Khatib herself was not technically a pretrial detainee because she had already been adjudicated guilty is of no import. Coverage under the statute does not hinge on the status of a particular individual or plaintiff. Rather, the statute protects the religious liberty of individuals who reside in or are confined to different types of "institutions." Khatib was without doubt "confined" to the Santa Ana Courthouse holding facility.
5. Specifically, 42 U.S.C. § 2000cc-3(g) states that "[t]his chapter shall be construed in favor of broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution." Although "this chapter" is a reference to RLUIPA, and an "institution" (i.e., a "jail, prison, or other correctional facility," or a "pretrial detention facility") is defined in CRIPA, a separate chapter, RLUIPA incorporates CRIPA by reference. The question whether the principle of construction set forth in § 2000cc-3(g) applies to statutory terms in CRIPA need not be resolved here, however, because we can resolve this case without resorting to RLUIPA's interpretative rule.
6. The United States appears in this appeal as an amicus curiae and, like Khatib, urges us to hold that the Santa Ana Courthouse holding facility meets the definition of both a "pretrial detention facility" and a "jail." In its brief, the United States underscored that "Congress intended the term `institution' to have a broad and expansive meaning that easily encompasses the courthouse holding facility at issue in this case." Amici Br. at 9.
7. On appeal, Khatib also argues that the district court improperly converted the County's motion to dismiss into a motion for summary judgment. In light of our decision, we need not address this issue.
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