The American Islamic Community Center (AICC) has won a two-year battle with Sterling Heights, Michigan, and gained approval to build a new mosque in the community.
In a report released March 23, the U.S Department of Justice Civil Rights Division wrote that on March 10, a federal court in Michigan approved a settlement of the DOJ suit filed in December 2016 against the City of Sterling Heights. The government’s suit alleged that religious discrimination was a factor in the city’s denial of zoning approval for the mosque, in violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA).
The Religious Land Use portion of RLUIPA is designed to safeguard against discriminatory or unreasonable zoning restrictions for places of worship, religious schools, and other religious land use.
The mosque had earlier filed suit, in August 2016, claiming that religious prejudice was a factor in the city’s denial of zoning approval. Most local residents based their objection on concerns about additional traffic and noise in a residential zone. The settlement included lowering the dome and spire two feet, no outdoor amplified sound such as the call to prayer, and parking only in a designated lot.
Both the government’s and the mosque’s lawsuits were settled with the City of Sterling Heights in February and approved by the U.S. District Court in Detroit the week of March 10.
The Detroit Free Press reported the statement of an attorney for the mosque, Dan Dalton: “This settlement is a win for religious liberty not only for the Muslim community in Sterling Heights, but for all faith-based communities. The sole reason for the denial was their faith.”
Another attorney for the mosque, Azzam Elder, said: “It’s a proud day for every American, especially American Muslims who are residents of Sterling Heights,” the Free Press reported.
Acting Assistant Attorney General Tom Wheeler announced on the day of the decision in February that “Federal law protects the right of faith communities to build places of worship without discrimination or unreasonable burdens on their religious exercise. We commend the city of Sterling Heights for agreeing to approve the AICC’s mosque, so that it can serve its members and contribute to the surrounding community.”
The DOJ released its report March 23 in Volume 69 of Religious Freedom in Focus, a periodic email update about the Civil Rights Division’s actions to protect religious freedom.
