The U.S. Department of Justice has taken a stance in a land use conflict involving the Muslim community in New York, according to a recent press release. The dispute centers around the Town of Oyster Bay's denial of a site plan application for the expansion of a mosque by the religious group Muslims on Long Island (MOLI). The Justice Department filed a statement of interest in the U.S. District Court for the Eastern District of New York to back MOLI's claim, which asserts that the Town's zoning code unfairly burdens religious institutions more so than comparable nonreligious assemblies.
MOLI has worshipped in a Bethpage mosque since 1998 and now specifies it requirements for more space for various religious activities such as prayer, education, and ritual cleaning, however, their expansion plans were hindered by revised parking regulations that seem to impose stricter conditions on houses of worship than on secular assemblies like theaters or museums. The Justice Department's involvement stems from allegations that this discrepancy in the zoning code violates the Religious Land Use and Institutionalized Persons Act (RLUIPA) "RLUIPA prohibits local governments from imposing more onerous requirements on religious assemblies than comparable nonreligious assemblies," Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division, was quoted in the statement; she emphasized the department’s commitment to enforcing the protections guaranteed by RLUIPA.
RLUIPA, a federal law that specifically aims to defend individuals and religious organizations from discriminatory land use regulations, is at the heart of this legal struggle. The Department of Justice has been proactive in communicating with state and local leaders to remind them of their obligations under this act, distributing a letter to highlight RLUIPA's requirement for fair treatment among religious and nonreligious entities. This case is being managed by the Civil Division of the Eastern District of New York, led by Civil Rights Chief Michael J. Goldberger along with Trial Attorneys Noah Sacks and Beth Pepper from the Justice Department's Civil Rights Division.
For those who believe they may be facing discrimination in land use or zoning matters, the statement encourages individuals to reach out to either the U.S. Attorney's Office Civil Division's Civil Rights Section or the Civil Rights Division's Housing and Civil Enforcement Section; contact options include a direct number (718) 254-7000 and a dedicated RLUIPA complaint portal hosted on the Department of Justice website, where additional information about the law is also made publicly available.
