The Justice Department has filed a statement of interest in the U.S. District Court for the Eastern District of New York, backing a claim by a religious Islamic organization. The organization argues that the Town of Oyster Bay violated their rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA) by denying their site plan application to expand their facility into a mosque.
Muslims on Long Island (MOLI) have been worshipping in a mosque in Bethpage, Long Island, since 1998. The organization now requires additional space for activities such as prayer and religious education due to growth. In its lawsuit, MOLI states that the Town's updated zoning code imposes stricter parking requirements on houses of worship compared to similar nonreligious places like theaters and libraries. They allege that the denial of their expansion application was based on this revised parking code. The Justice Department’s statement supports MOLI's claim, emphasizing that the zoning code discriminates against religious uses, violating the equal terms provision of RLUIPA.
Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division stated, “RLUIPA prohibits local governments from imposing more onerous requirements on religious assemblies than comparable nonreligious assemblies.” She further noted that the Civil Rights Division will strictly enforce RLUIPA to ensure equal access to worship spaces.
United States Attorney John J. Durham for the Eastern District of New York commented, “Zoning regulations that unfairly restrict assemblies by faith-based groups violate federal law.” He indicated that the Justice Department and his office remain committed to protecting the rights of religious institutions to equal treatment under the law.
RLUIPA acts as a federal safeguard against burdensome or discriminatory land use regulations affecting religious institutions. Additional information regarding RLUIPA and the Justice Department’s enforcement can be found on the Place to Worship Initiative’s webpage.
The department has also reminded state, county, and municipal leaders of their RLUIPA obligations, stressing that land use regulations should treat religious and nonreligious assemblies equally.
Those who feel they have faced discrimination in land use or zoning decisions are encouraged to contact the U.S. Attorney’s Office Civil Division’s Civil Rights Section at (718) 254-7000 or the Civil Rights Division’s Housing and Civil Enforcement Section at (833) 591-0291. Complaints can also be submitted through the RLUIPA complaint portal. More information is available at www.justice.gov/crt/about/hce/rluipaexplain.php.
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