WASHINGTON – The Justice Department filed a complaint today against the city of Lilburn, Ga., alleging that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it rejected the Dar-E-Abbas Shia Islamic Center’s requests for rezoning to construct a mosque. Both parties have agreed to a consent decree that will be filed on Aug. 29, 2011.
The city twice rejected the Islamic Center’s applications to rezone property it owned to build a mosque in November 2009 and December 2010. The government’s lawsuit alleges that the city’s denials of the rezoning applications were based on the religious bias of city officials and to appease members of the public who opposed the construction of a mosque because of religious bias. The complaint further alleges that the city treated the Islamic Center differently than it treated non-Muslim religious groups that regularly have been granted similar rezoning requests.
The department notified the city of its intention to file a lawsuit for violations of RLUIPA in June 2011, and the city and the United States have been engaged in pre-suit negotiations to settle the lawsuit since that time. On Aug. 16, 2011, the city approved rezoning for the Islamic Center that was substantially similar to the rezoning request the Islamic Center made in 2010.
“Religious freedom is among our most fundamental rights. Under federal law, cities may not use their zoning laws to discriminate against religious groups seeking to build places of worship,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department acknowledges and commends the city’s decision to ultimately approve the rezoning, and it is pleased that the city has agreed to enter into a decree with the United States that helps ensure that freedom of religion in the United States is a reality for persons of all faiths.”
http://www.justice.gov/opa/pr/2011/August/11-crt-1094.html