9 10 101 https://usmc.oxomeka.org/files/original/c5d72b64a3354c8097aa2d44ecf73981.jpg 6ae9671ca820faa03ac86efd1f5d5516 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Description An account of the resource Headstones at Sufi Cemetery in Sidney, NY Creator An entity primarily responsible for making the resource Andrew Reinbach Source A related resource from which the described resource is derived Tiny Upstate New York Town Wants Local Muslims to Dig Up Their Cemetery A town in upstate New York is trying to force a local Muslim religious community to dig up a small cemetery on its property and never bury anyone there again because it says it's illegal. By Andrew Reinbach, Contributor Journalist Sep 27, 2010, 12:10 AM EDT https://www.huffpost.com/entry/tiny-upstate-new-york-tow_b_739832 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Description An account of the resource This collection documents 29 cases of public opposition towards American Muslim cemetery building projects from 2002 to 2023. Each case contains a narrative that describes its events, which was compiled through analyzing newspaper archives via NewsBank and NexisUni. The primary challenge American Muslim communities face when establishing cemeteries is obtaining administrative approval from an entity such as a city council or board of commissioners. Residents' concerns related to groundwater contamination, lowered property values, and aesthetics often pressure authorities to deny cemetery projects. These reasons for opposition differ from those involving mosques, which tend to focus on increased traffic, violations of noise ordinances, and the potential for terrorism. This collection is more comprehensive than other compilations of cemetery cases, which cover a limited timeframe, are no longer current, or need to be updated (e.g., Pew Research Center 2012, Younes 2017, ACLU 2017, New America 2018, HuffPost 2024). However, it does not fully represent all controversies surrounding American Muslim cemeteries, as it focuses on post-2000 cases and does not include cases of vandalism against established cemeteries. Creator An entity primarily responsible for making the resource Ryan Wang Title A name given to the resource Cemeteries Language A language of the resource English Publisher An entity responsible for making the resource available Oxford College of Emory University Contributor An entity responsible for making contributions to the resource Current and former Oxford College of Emory University students: Sofia Fonti, Ben Damon, Geneva Cunningham, Ameer Alnasser, Nadira Hassan, Chloe Peyrebrune, Lauren Yee, Ammarah Ahmed, Alexander Cleveland, Ehren Fernandez, Andres Lebed Wright, Bryce Bentinck, Rahim Khan Alidina, Ayman Badawy, George Drakos, Shahmeer Khan, and Snehitha Vardhineni. Project supervisor: Dr. Florian Pohl Case Use this Item Type to create the case Item Pages for the U.S. Mosque Controversies site. Case Number Enter the case number in this field using the format: Case No. XX_00 (e.g. Case No. Ga_01) Case No. Ny_03 Location The location of the interview Sidney, NY Address Enter the full address, if it is available. 1663 Wheat Hill Rd, Sidney Center, NY 13839 Plus Code Enter the plus code for the location, if it is available. 8Q97+X9 Sidney Center, New York Proposed By List the entity (legal entity or community name) that proposed the project. <a href="https://www.naksibendi.us/">Osmanli Naksibendi Hakkani Sufi Order</a> Type of Opposition Public Campaign, Vandalism, Legal Action, Local Ordinance Local Ordinance Outcome Rejected, Approved, Approved with Modifications The town dropped its plans to pursue a lawsuit in October 2010 but planned to regulate private burials, except religious ones Narrative Enter the narrative about the case here. In the summer of 2010, the Sidney Town Board initiated legal action to stop the Osmanli Naksibendi Hakkani Dergahi—a Sufi Islamic spiritual center—from using a portion of its 50-acre property as a cemetery. The order had purchased the land, a former sheep farm, in 2002 and designated 650 square feet for cemetery use. The first burial occurred in November 2009, followed by a second in the summer of 2010. On September 14, 2010, journalist Patricia Breakey reported in The Daily Star that the Sidney Town Board had passed an injunction at its August 12 meeting to prohibit burials on private property, effectively targeting the Sufi community's cemetery (Breakey, 2010, Sep 14). Town Supervisor Bob McCarthy explained that the Town Board had directed its lawyer to explore a lawsuit against the Sufi Order for conducting two Muslim burials without notifying local authorities or obtaining proper permits. McCarthy stated the town's intention to have the bodies disinterred and to stop future burials. He stressed that these steps were necessary to prevent any group from bypassing regulations, regardless of religion, stating, "Unauthorized cemeteries have the potential of placing a financial burden on the local government as well as dictating the use of the land for perpetuity” (ibid.). In response to the town board's actions, the Sufi center members emphasized strict adherence to town regulations. They presented a 2005 document from the town zoning board confirming that the cemetery was permitted use according to the Town of Sidney Zoning Ordinance. They noted that licensed funeral directors conducted the burials with proper permits (Seely, 2010, Oct 2). The legal dispute between the Sufi center and the Sidney Town Board escalated to a national level of attention in September. The story was covered by the Huffington Post (Reinbach, 2010, Sep 27) and featured on MSNBC’s “Countdown with Keith Olbermann” and Comedy Central’s “Colbert Report.” The national spotlight underscored the salience of the issue, which emerged during a period of heightened tension over Muslim building projects in the runup to the 2010 midterm elections, including the protests over an Islamic Center near Ground Zero in Manhattan. In October, opposition to the Town Board's actions grew, with nearly 40 area clergy from various faiths urging the board to drop the issue. They supported the Sufi community’s right to practice their faith and criticized the singling out of one religion (Clergy's letter supports Sufi order, 2010, Oct 9). "Though we are members and leaders of different faith traditions, we stand beside our Sufi brothers and sisters to support their right to practice their faith and live as peaceful, law-abiding, contributing members of our society," the letter said (Clergy's letter supports Sufi order (ibid.). On October 13, a day before a Town Board meeting, the Sufi community's lawyer announced that the local government would drop plans to force the cemetery's closure. However, the board still intended to enact a law preventing burials on private property but excluding religious and not-for-profit groups. Despite this, the New York chapter of the Council on American-Islamic Relations (CAIR-NY) demanded a public apology from town officials for attempting to close the cemetery (CAIR seeks apology, 2010, Oct 14). At the next day’s Town Board meeting, more than 100 attendees chanted for McCarthy's resignation after he refused to apologize for his actions and the negative attention brought to the town (Crowd calls for McCarthy's resignation, 2010, Oct 15). Local opposition to McCarthy and the Town Board persisted in the following months. Concerned Citizens for Responsible Sidney Government petitioned for McCarthy's resignation and filed formal complaints about his management with the New York Attorney General and Comptroller, backed by signed petitions (Rainbach, 2010, Nov 8). In the November 2011 Sidney town elections, a slate of candidates endorsed by McCarthy was defeated by Democratic and bipartisan candidates, with the cemetery controversy being a key issue for voters (Boshnack, 2011, Nov 10). References <ul> <li>Boshnack, M. (2011, November 10). Unhappy Sidney voters turn out in high numbers. The Daily Star. Available from <a href="https://infoweb-newsbank-com.proxy.library.emory.edu/apps/news/openurl?ctx_ver=z39.88-2004&rft_id=info%3Asid/infoweb.newsbank.com&svc_dat=WORLDNEWS&req_dat=0D0CB4F3D1A01B2A&rft_val_format=info%3Aofi/fmt%3Akev%3Amtx%3Actx&rft_dat=document_id%3Anews%252F13AEFCD416DD9B70">NewsBank</a>. </li> <li>Breakey, P. (2010, September 14). Sidney Town Board objects to cemetery. The Daily Star. Available from <a href="https://infoweb-newsbank-com.proxy.library.emory.edu/apps/news/openurl?ctx_ver=z39.88-2004&rft_id=info%3Asid/infoweb.newsbank.com&svc_dat=WORLDNEWS&req_dat=0D0CB4F3D1A01B2A&rft_val_format=info%3Aofi/fmt%3Akev%3Amtx%3Actx&rft_dat=document_id%3Anews%252F1323D87A49343F38">NewsBank</a>.</li> <li>CAIR seeks apology from NY town over Muslim cemetery flap. (2010, October 14). PR Newswire. Available from <a href="https://infoweb-newsbank-com.proxy.library.emory.edu/apps/news/openurl?ctx_ver=z39.88-2004&rft_id=info%3Asid/infoweb.newsbank.com&svc_dat=WORLDNEWS&req_dat=0D0CB4F3D1A01B2A&rft_val_format=info%3Aofi/fmt%3Akev%3Amtx%3Actx&rft_dat=document_id%3Anews%252F132DD2EA8F82EAB0">NewsBank</a>.</li> <li>Clergy's letter supports Sufi order. (2010, October 9). The Daily Star. Available from <a href="https://infoweb-newsbank-com.proxy.library.emory.edu/apps/news/openurl?ctx_ver=z39.88-2004&rft_id=info%3Asid/infoweb.newsbank.com&svc_dat=WORLDNEWS&req_dat=0D0CB4F3D1A01B2A&rft_val_format=info%3Aofi/fmt%3Akev%3Amtx%3Actx&rft_dat=document_id%3Anews%252F132C10F75ED49BD0">NewsBank</a>. Crowd calls for McCarthy's resignation in Sidney. (2010, October 15). The Daily Star. Available from <a href="https://infoweb-newsbank-com.proxy.library.emory.edu/apps/news/openurl?ctx_ver=z39.88-2004&rft_id=info%3Asid/infoweb.newsbank.com&svc_dat=WORLDNEWS&req_dat=0D0CB4F3D1A01B2A&rft_val_format=info%3Aofi/fmt%3Akev%3Amtx%3Actx&rft_dat=document_id%3Anews%252F132E0A324E6C3708">NewsBank</a>.</li> <li>Reinbach, A. (2010, September 27). Tiny Upstate New York Town Wants Local Muslims to Dig Up Their Cemetery. Huffington Post. <a href="https://www.huffpost.com/entry/tiny-upstate-new-york-tow_b_739832">Web</a>.</li> <li>Reinbach, A. (2010, November 8). Sidney, NY knuckling down for a brawl. Huffington Post. <a href="https://www.huffpost.com/entry/sidney-ny-knuckling-down_b_780428">Web</a>.</li> <li>Seely, H. (2010, October 2). Tiny cemetery in ground zero in Islam debate. The Post-Standard, p. A1. Available from <a href="https://infoweb-newsbank-com.proxy.library.emory.edu/apps/news/openurl?ctx_ver=z39.88-2004&rft_id=info%3Asid/infoweb.newsbank.com&svc_dat=WORLDNEWS&req_dat=0D0CB4F3D1A01B2A&rft_val_format=info%3Aofi/fmt%3Akev%3Amtx%3Actx&rft_dat=document_id%3Anews%252F132A0467C56512B0">NewsBank</a>. </li> </ul> Proposed Project The Sufi community used a portion of its 50-acre property as a cemetery. The first burial occurred in November 2009, followed by a second in the summer of 2010. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Description An account of the resource In 2010, the Sidney Town Board took legal action to stop the Osmanli Naksibendi Hakkani Dergahi from using part of its 50-acre property as a cemetery. The Sufi community purchased the land in 2002 and began using it for burials in 2009. The Town Board claimed the burials were illegal and sought to disinter the bodies. The Sufi group argued they had followed town regulations. The dispute gained national attention and led to significant local opposition. Ultimately, the town dropped its plans to pursue a lawsuit but planned to regulate private burials. Persistent community opposition to the Town Board characterized the controversy and led to significant changes in the 2011 town election. Creator An entity primarily responsible for making the resource Ryan Wang Publisher An entity responsible for making the resource available Oxford College of Emory University Title A name given to the resource Sidney, NY Approved Cemetery Legislation https://usmc.oxomeka.org/files/original/aa630652fb5c15daf8f2a24f2dd98bc2.jpeg 8de8bddbce46b2ea2eb4ef600e22c3dc Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Description An account of the resource This collection documents 29 cases of public opposition towards American Muslim cemetery building projects from 2002 to 2023. Each case contains a narrative that describes its events, which was compiled through analyzing newspaper archives via NewsBank and NexisUni. The primary challenge American Muslim communities face when establishing cemeteries is obtaining administrative approval from an entity such as a city council or board of commissioners. Residents' concerns related to groundwater contamination, lowered property values, and aesthetics often pressure authorities to deny cemetery projects. These reasons for opposition differ from those involving mosques, which tend to focus on increased traffic, violations of noise ordinances, and the potential for terrorism. This collection is more comprehensive than other compilations of cemetery cases, which cover a limited timeframe, are no longer current, or need to be updated (e.g., Pew Research Center 2012, Younes 2017, ACLU 2017, New America 2018, HuffPost 2024). However, it does not fully represent all controversies surrounding American Muslim cemeteries, as it focuses on post-2000 cases and does not include cases of vandalism against established cemeteries. Creator An entity primarily responsible for making the resource Ryan Wang Title A name given to the resource Cemeteries Language A language of the resource English Publisher An entity responsible for making the resource available Oxford College of Emory University Contributor An entity responsible for making contributions to the resource Current and former Oxford College of Emory University students: Sofia Fonti, Ben Damon, Geneva Cunningham, Ameer Alnasser, Nadira Hassan, Chloe Peyrebrune, Lauren Yee, Ammarah Ahmed, Alexander Cleveland, Ehren Fernandez, Andres Lebed Wright, Bryce Bentinck, Rahim Khan Alidina, Ayman Badawy, George Drakos, Shahmeer Khan, and Snehitha Vardhineni. Project supervisor: Dr. Florian Pohl Case Use this Item Type to create the case Item Pages for the U.S. Mosque Controversies site. Case Number Enter the case number in this field using the format: Case No. XX_00 (e.g. Case No. Ga_01) Case No. Ga_07 Location The location of the interview Gwinnett County, GA Date August-October 2015 Address Enter the full address, if it is available. 3362 Skyland Drive, Loganville, GA 30052 Proposed Project The Community of Bosniaks Georgia attempted to build a cemetery on a 12.59-acre plot zoned for single-family residences. Although the site met zoning requirements for a place of worship, cemetery use required a special use permit. The proposed cemetery project consisted of a 4,000 square-foot worship facility, 2,050 burial plots, and a parking lot. Proposed By List the entity (legal entity or community name) that proposed the project. <a href="https://zbga.org/">Community of Bosniaks, Georgia</a> Year Year the case began. 2015 Plus Code Enter the plus code for the location, if it is available. R2M7+P4 Loganville, Georgia Type of Opposition Public Campaign, Vandalism, Legal Action, Local Ordinance Public Speech, Public Campaign, Administrative Denial Outcome Rejected, Approved, Approved with Modifications The Board of Commissioners voted unanimously to deny the petition, and the Muslim community decided not to appeal but to look for a different property. County staff and the planning commission had recommended approval with conditions, such as dropping the number of plots from the proposed 2,050 to 500. Narrative Enter the narrative about the case here. Narrative In October 2015, the Gwinnett County Board of Commissioners denied a special use permit to the Community for Bosniaks Georgia for a cemetery development in a sparsely-populated suburban community near Snellville, GA. The Community of Bosniaks sought the cemetery for members of the organization, which predominantly includes Muslim Bosnian immigrants that settled in Gwinnett County following the Balkan Wars (Poole, 2006, May 24). The 12.59-acre cemetery project, which would have accommodated 2,050 burial plots and a 4,000 square-foot worship facility for funeral services, would have been the first Bosnian cemetery in the Atlanta metropolitan area. The site met zoning requirements for a place of worship, but cemetery use required a special use permit. Although the county’s Planning Department and the Planning Commission had recommended approval, the Gwinnett County Board of Commissions denied the permit on October 27, following a month-long citizen-led campaign against the cemetery. The Community for Bosniaks did not appeal the rejection, opting instead to search for a different property. Public opposition emerged early in the review process. County officials fielded phone calls and emails urging them to reject the project. Homes surrounding the lot had bright red yard signs, “Save our community, no cemetery.” Facebook comments raised suspicion of “these types of people in our community” (Kass, 2015, Oct 27). Public opposition continued at the October 6 Planning Commission meeting, drawing a standing-room-only crowd. A Norcross resident, Joe Newton, circulated a petition “in opposition to the mosque” (Yeomans, 2015, Oct 6). Residents voiced concerns about increased traffic burden, noise complaints, and an expected decrease in property values. They cited the conclusions of a hired real estate appraiser estimating the depreciation in property value at 6-38 percent (ibid.). Members of the Community of Bosniaks addressed the concerns at the meeting. Ultimately, the Planning Commission followed the Planning Department and recommended the Gwinnett County Board of Commissioners approve the special use permit with conditions. Those conditions included a maximum of 500 burial plots, a minimum distance of 150 feet between graves and the property line, and the use of the worship facility exclusively for funeral services (ibid.). Despite the Planning Commission’s recommendation for approval, the Gwinnett County Board of Commissioners denied the petition. At its public meeting on October 27, the Commission voted unanimously to reject the cemetery application without providing an official explanation for the denial. One committee member subsequently cited last-minute changes by the applicant as reasons (Kauffman, 2015, Oct 28). Despite their disappointment, the Community of Bosniaks stated they did not intend to appeal the decision but planned to look elsewhere for a suitable cemetery property (Kass, 2015, Oct 28). The cemetery project continued to be a point of debate in Snellville’s mayoral and city council elections in November 2015. References <ul><li>Kass, A. (2015, October 28). Bosnian leader says he won't challenge Gwinnett cemetery denial. The Atlanta Journal-Constitution. Available from NewsBank: Access World News – Historical and Current: https://infoweb-newsbank-com.proxy.library.emory.edu/apps/news/document-view?p=WORLDNEWS&docref=news/158C784EDC727880.</li> <li>Kass, A. (2015, October 27). Muslims seek rezoning for cemetery: Gwinnett commission expected to decide on contentious issue. The Atlanta Journal-Constitution, p. B1. Available from NewsBank: Access World News – Historical and Current: https://infoweb-newsbank-com.proxy.library.emory.edu/apps/news/document-view?p=WORLDNEWS&docref=news/158BCA2D87660330.</li> <li>Kauffman, J. (2015, Oct 28). Gwinnett denies group’s bid for mostly Muslim cemetery. WABE News. Available at https://www.wabe.org/gwinnett-denies-group-s-bid-mostly-muslim-cemetery.</li> <li>Poole, S. M. (2006, May 24). Building on faith: Muslims will worship, grow in new mosques. The Atlanta Journal-Constitution, p. F1. Available from NewsBank: Access World News – Historical and Current: https://infoweb-newsbank-com.proxy.library.emory.edu/apps/news/document-view?p=WORLDNEWS&docref=news/111D0362B42A41B0.</li> <li>Yeomans, C. (2015, October 6). Planning commissioners OK Bosnian cemetery over community objections. Gwinnett Daily Post. Available from NewsBank: Access World News – Historical and Current: https://infoweb-newsbank-com.proxy.library.emory.edu/apps/news/document-view?p=WORLDNEWS&docref=news/1585411960AB6740.</li> </ul> Last Updated Date revised. April 12, 2022 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Snellville, GA Description An account of the resource Following public protest in 2015, the Gwinnett County Commission votes unanimously to deny the Community of Bosniaks’ petition for a cemetery. The Community of Bosniaks declined to appeal the denial, although the county’s staff review and planning commission had recommended approval with conditions. Creator An entity primarily responsible for making the resource Geneva Cunningham, Ben Damon, and Sofia Fonti Publisher An entity responsible for making the resource available Oxford College of Emory University Cemetery Denied Not Built Planning and Zoning Public Campaign Public Speech https://usmc.oxomeka.org/files/original/661ad9b7d058bf44b3b5f92093f3f545.png fff4f5bd1044e1ea7fa0bd7d9bb0b502 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource New Jersey Case Use this Item Type to create the case Item Pages for the U.S. Mosque Controversies site. Case Number Enter the case number in this field using the format: Case No. XX_00 (e.g. Case No. Ga_01) Case No. Nj_03 Address Enter the full address, if it is available. 63 Southside Ave, Somerville, NJ 08876 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Tasneem Ahmed, Zylah Markham, Sam Pavur, and Zainab Salako Publisher An entity responsible for making the resource available Oxford College of Emory University Title A name given to the resource Somerville, NJ REL383_SP22 https://usmc.oxomeka.org/files/original/7b7adce9fe578de7f200966c60dfb481.jpg a9de4e7d346141f522cc38b9e7ddbf46 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Minnesota Case Use this Item Type to create the case Item Pages for the U.S. Mosque Controversies site. Case Number Enter the case number in this field using the format: Case No. XX_00 (e.g. Case No. Ga_01) Case No. Mn_04 Location The location of the interview St. Anthony, MN Date 2012-2014 Summary Enter a brief description of the case (no more than 600 characters). This should be one or two sentences. After the denial of a conditional use permit for an Islamic center in St. Anthony, Minnesota, Muslim community leaders request a DOJ probe to investigate bias. City officials claim denial is based on a zoning conflict because the property is located in an area zoned for light-industrial use. The Muslim community alleges unequal treatment and files a federal RLUIPA lawsuit. Two years later, the DOJ also sues St. Anthony for RLUIPA violation. The city eventually settles both lawsuits, allowing the Islamic Center to occupy parts of the property it purchased and reserving other parts for commercial use. Address Enter the full address, if it is available. 3055 Old Hwy 8, St. Anthony, 55418 MN Plus Code Enter the plus code for the location, if it is available. 2QFR+J5 St Anthony, Minnesota Proposed Project Islamic center Proposed By List the entity (legal entity or community name) that proposed the project. Abu-Huraira Islamic Center Type of Opposition Public Campaign, Vandalism, Legal Action, Local Ordinance Administrative denial; legislation Outcome Rejected, Approved, Approved with Modifications approved (with restrictions, after lawsuit and settlement) Narrative Enter the narrative about the case here. At a planning commission meeting on Tuesday, March 20, 2012, supporters of the proposed Abu-Huraira Islamic Center (AHIC) voiced their frustrations over the city’s decision to delay their plans by removing discussion of their application for a Conditional Use Permit from the meeting agenda. The proposed Islamic Center would be about 15-000 square feet and would occupy a former Medtronic building (French, 2012). At this meeting, supporters said they had worked with city officials throughout every phase of the project, but were frustrated when the city delayed the project to consider zoning issues at the site of the project. The zoning issues city officials were concerned over involved the question of whether a religious facility could operate in an area zoned for light-industrial use. A week prior, on March 13th, the St. Anthony City Council unanimously approved Resolution 12-037 that placed “a moratorium on Conditional Use Permits for assemblies, meeting lodges, or convention halls in the Light Industrial Zoning District to study whether to impose additional amendments to the Code” (City Council Minutes, 2012, March 13). This moratorium allowed city officials to suspend conditional use zoning permits. Chair Heinis of the Planning Commission clarified that the AHIC’s application would be taken up at a future meeting within the city’s 120-day statutory time frame for action on applications, after the City’s study had been completed. In a special meeting on June 4th, 2012, the St. Anthony City Planning Commission approved the project. Following this, a vote was set for June 12th for the city council to approve the project. At this June 12th meeting, residents made “disparaging remarks” about the project during the public comments section prior to the vote (Mohr, 2012). One speaker, John Murlowski, is quoted as saying: “Islam is evil. There’s no other religion in the world that endorses violence” before he was cut off by Mayor Jerry Faust (French, 2012). The Islamic Center was rejected on a 4-1 to vote. The next day, on June 13th, the Council for American Islamic Relations-Minnesota asked the DOJ to conduct a probe into the city council’s vote as a potential violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA). On October 29th, 2012 the United States Department of Justice announced that it had begun an official civil rights investigation over the rejection of the Islamic Center. Supporters of the mosque applauded the decision. After almost two years of investigation by the U.S. attorney’s office in Minneapolis, the U.S. Department of Justice US announced on August 27, 2014 that it had filed an RLUIPA lawsuit against the city. The lawsuit alleged that the city had violated RLUIPA’s Equal Terms provision by allowing general assemblies but not religious ones and, as a result, that the city had imposed a substantial burden on the Abu-Huraira Islamic Center by denying their application. At a news conference in Minneapolis, the attorney general for the District of Minnesota, Andrew Luger, reiterated the DOJ’s reasoning that the city had violated the Islamic Center’s civil rights saying,“Under the same zoning language, the city had allowed other assemblies in the same neighborhood, including a union hall and a church” (Rathbun, 2014). This was the first time the DOJ had brought an RLUIPA case against a Minnesota city. It followed several other cases in the state where counties and municipalities had denied Muslim communities permits for houses of worship or schools (e.g., in Blaine, Plymouth, Wilmar, and Bloomington). On December 9th, 2014, the city and the government reached a settlement, allowing a Planned Use Development at the property that the Islamic Center purchased. The Planned Use Development agreement allows Abu-Huraira to occupy the St. Anthony Business Center for religious services. The settlement also stipulates that the city will not discriminate against Abu-Huraira or any other religious groups based on zoning laws and that city officials must receive training about RLUIPA. Year Year the case began. 2012 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource St. Anthony, MN Description An account of the resource A documented account of Case No. MN_04, occurring in St. Anthony, MN 55418 from 2012 to 2014 Creator An entity primarily responsible for making the resource Stewart Zelnick Publisher An entity responsible for making the resource available Oxford College of Emory University DOJ Lawsuit (RLUIPA) https://usmc.oxomeka.org/files/original/3989e53bccc08dcee4bb485c5fa83e45.png 0be794a5c9eb1e06942a23bc627ad587 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Description An account of the resource This collection documents 29 cases of public opposition towards American Muslim cemetery building projects from 2002 to 2023. Each case contains a narrative that describes its events, which was compiled through analyzing newspaper archives via NewsBank and NexisUni. The primary challenge American Muslim communities face when establishing cemeteries is obtaining administrative approval from an entity such as a city council or board of commissioners. Residents' concerns related to groundwater contamination, lowered property values, and aesthetics often pressure authorities to deny cemetery projects. These reasons for opposition differ from those involving mosques, which tend to focus on increased traffic, violations of noise ordinances, and the potential for terrorism. This collection is more comprehensive than other compilations of cemetery cases, which cover a limited timeframe, are no longer current, or need to be updated (e.g., Pew Research Center 2012, Younes 2017, ACLU 2017, New America 2018, HuffPost 2024). However, it does not fully represent all controversies surrounding American Muslim cemeteries, as it focuses on post-2000 cases and does not include cases of vandalism against established cemeteries. Creator An entity primarily responsible for making the resource Ryan Wang Title A name given to the resource Cemeteries Language A language of the resource English Publisher An entity responsible for making the resource available Oxford College of Emory University Contributor An entity responsible for making contributions to the resource Current and former Oxford College of Emory University students: Sofia Fonti, Ben Damon, Geneva Cunningham, Ameer Alnasser, Nadira Hassan, Chloe Peyrebrune, Lauren Yee, Ammarah Ahmed, Alexander Cleveland, Ehren Fernandez, Andres Lebed Wright, Bryce Bentinck, Rahim Khan Alidina, Ayman Badawy, George Drakos, Shahmeer Khan, and Snehitha Vardhineni. Project supervisor: Dr. Florian Pohl Case Use this Item Type to create the case Item Pages for the U.S. Mosque Controversies site. Case Number Enter the case number in this field using the format: Case No. XX_00 (e.g. Case No. Ga_01) FL_05 Location The location of the interview St. Lucie County Date 2013 Plus Code Enter the plus code for the location, if it is available. 9JCR+59 White City, Florida Proposed Project Cemetery: Petition to rezone more than five acres of property located at the intersection of Midway Road and Christensen Road for use as a cemetery with approximately 2,600 burial sites Proposed By List the entity (legal entity or community name) that proposed the project. Baraka Center of the Treasure Coast Inc. (aka <a href="https://www.icfp-fl.com/cemetery.html">Baraka Center Muslim Cemetery</a>) Year Year the case began. 2013 Address Enter the full address, if it is available. 5065 Christensen Rd, Fort Pierce, FL 34981 Type of Opposition Public Campaign, Vandalism, Legal Action, Local Ordinance Public Campaign Outcome Rejected, Approved, Approved with Modifications Approved with condition to bury bodies in sealed vaults Narrative Enter the narrative about the case here. In St. Lucie County, Florida, a proposal to construct the Baraka Center Muslim Cemetery in a residential neighborhood met with opposition from local residents. Still, it was ultimately approved by county commissioners in a unanimous vote. On June 20, 2013, the St. Lucie County Zoning & Planning Commission recommended to the County Board of Commissioners the rezoning of the Christensen Road property from AR-1 (agricultural-residential) to I (industrial) and the issuance of a conditional use permit for a private cemetery (St. Lucie County Planning & Zoning Commission, 2013, Jun 20). During the July 2 meeting of the County Board of Commissioners, residents opposed the project, citing concerns about the aesthetic and emotional impact of living near a cemetery. They also raised practical concerns about increased traffic and potential environmental impacts on nearby wells from Muslim burial practices (Hait, 2013, Jul 2). In response, the Muslim community addressed the visual concerns by committing to using trees and bushes to screen the cemetery from view as much as possible. Despite the opposition, the County Commissioners voted unanimously to approve the project, imposing the condition that bodies be buried in sealed vaults to alleviate environmental concerns. Now operational, the Baraka Center Muslim Cemetery serves the wider Muslim community of the Treasure Coast area. It is listed on the website of the Islamic Center of Fort Pierce (ICFP), one of the oldest Islamic communities in the area. In 2013, during the controversy, the ICFP's mosque was located nearby on Midway Road. In a tragic turn of events, on September 11, 2016, the mosque was set on fire and partially destroyed by an Islamophobic arsonist (Detman, 2016, Sep 12). In February 2017, the ICFP acquired a new property, a former church complex, on Oleander Avenue in Fort Pierce. References <ul> <li style="font-weight:400;">Detman ,G. (2016, September 12). Arsonist torches Pulse nightclub killer's mosque in Fort Pierce. CBS 12 News. <a href="https://cbs12.com/news/local/fire-destroys-mosque-in-fort-pierce">Web</a>.</li> <li style="font-weight:400;">Hait, Ari. (2013, July 2). Muslim cemetery approved in St. Lucie County. ABC-25 WPBF. <a href="https://www.wpbf.com/article/muslim-cemetery-approved-in-st-lucie-county/1317892">Web</a>. </li> <li style="font-weight:400;">St. Lucie County Planning & Zoning Commission. (2013, June 20). Planning & Zoning Commission public minutes. CivicClerk. <a href="https://stluciecofl.portal.civicclerk.com/event/1638/overview">Web</a>.</li> </ul> Last Updated Date revised. June 11, 2024 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource St. Lucie County, FL Description An account of the resource In June 2013, St. Lucie County commissioners approved a rezoning application for a Muslim cemetery over the opposition of local residents. Added traffic, potential groundwater contamination, and the character of the residential neighborhood were among the concerns expressed at the commission's public meeting. The Muslim community addressed concerns by agreeing to place bodies in sealed containers and plant trees and bushes as a green fence around the cemetery property. Creator An entity primarily responsible for making the resource Ryan Wang Publisher An entity responsible for making the resource available Oxford College of Emory University Approved Built Cemetery Public Campaign https://usmc.oxomeka.org/files/original/8892ed314591cf46f0e402c54ef4cb12.png e835a64985b11c7de00a2fdde65feafd Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Source A related resource from which the described resource is derived https://www.insidenova.com/headlines/muslim-group-sues-stafford-county-for-blocking-construction-of-religious-cemetery/article_7d6bfc7e-a9a6-11ea-b458-f3ff552df8a7.html Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Description An account of the resource This collection documents 29 cases of public opposition towards American Muslim cemetery building projects from 2002 to 2023. Each case contains a narrative that describes its events, which was compiled through analyzing newspaper archives via NewsBank and NexisUni. The primary challenge American Muslim communities face when establishing cemeteries is obtaining administrative approval from an entity such as a city council or board of commissioners. Residents' concerns related to groundwater contamination, lowered property values, and aesthetics often pressure authorities to deny cemetery projects. These reasons for opposition differ from those involving mosques, which tend to focus on increased traffic, violations of noise ordinances, and the potential for terrorism. This collection is more comprehensive than other compilations of cemetery cases, which cover a limited timeframe, are no longer current, or need to be updated (e.g., Pew Research Center 2012, Younes 2017, ACLU 2017, New America 2018, HuffPost 2024). However, it does not fully represent all controversies surrounding American Muslim cemeteries, as it focuses on post-2000 cases and does not include cases of vandalism against established cemeteries. Creator An entity primarily responsible for making the resource Ryan Wang Title A name given to the resource Cemeteries Language A language of the resource English Publisher An entity responsible for making the resource available Oxford College of Emory University Contributor An entity responsible for making contributions to the resource Current and former Oxford College of Emory University students: Sofia Fonti, Ben Damon, Geneva Cunningham, Ameer Alnasser, Nadira Hassan, Chloe Peyrebrune, Lauren Yee, Ammarah Ahmed, Alexander Cleveland, Ehren Fernandez, Andres Lebed Wright, Bryce Bentinck, Rahim Khan Alidina, Ayman Badawy, George Drakos, Shahmeer Khan, and Snehitha Vardhineni. Project supervisor: Dr. Florian Pohl Case Use this Item Type to create the case Item Pages for the U.S. Mosque Controversies site. Case Number Enter the case number in this field using the format: Case No. XX_00 (e.g. Case No. Ga_01) VA_09 Location The location of the interview Stafford County, VA Address Enter the full address, if it is available. 1508 Garrisonville Rd, Stafford, VA 22556 Year Year the case began. 2016 Proposed By List the entity (legal entity or community name) that proposed the project. <a href="https://www.amaacemetery.org/about-amaa/">All Muslim Association of America (AMAA)</a> Plus Code Enter the plus code for the location, if it is available. FGQ6+GF Stafford, Virginia Proposed Project cemetery on 29-acre plot of land with a maximum of 15,000 grave sites Type of Opposition Public Campaign, Vandalism, Legal Action, Local Ordinance Public Campaign, Legislation, Planning and Zoning Outcome Rejected, Approved, Approved with Modifications On September 25, 2021, Stafford County supervisors agreed to settle AMAA’s lawsuit. The county agreed to pay AMAA $500,000 and approve its cemetery. The Justice Department announced on October 14, 2021, that it would dismiss its lawsuit against Stafford County. Narrative Enter the narrative about the case here. In May 2015, the All Muslim Association of America (AMAA), a nonprofit religious organization that provides low-cost burial and funeral services in the metropolitan region of Washington, D.C., purchased a property on Garrisonville Road in Stafford County, VA, with the desire to construct a large cemetery with up to 15,000 burial plots. AMAA’s Muslim cemetery on Brooke Road in nearby Fredericksburg, VA, had been operational since 1996, but there were not enough plots for future burials (Branscome, 2018, Apr 25). As a result, AMAA wished to build a new cemetery in Stafford County, as it allowed cemetery use “by right” in A-1 Agricultural Zoning Districts, which did not require review by the county’s Planning Commission or Board of Supervisors (Davis, 2017, Sep 20). In June 2016, a resident near the proposed cemetery site emailed then-Rock Hill District Supervisor Wendy Maurer, expressing concern about the impact on his well water (Baron, 2021, Sep 25). Stafford legislative affairs officer Anthony Toigo wrote to Maurer that as long as there were at least 100 feet between the homeowner’s well and the cemetery, it would not pose a risk to public health. The next day, Crystal Vanuch, a Planning Commission member and a cemetery site neighbor, emailed Maurer, suggesting a meeting with the county attorney to draft a new cemetery regulation for the Planning Commission to review. On November 9, the Planning Commission unanimously voted, 6-0, to recommend the adoption of a new ordinance banning cemeteries within 900 feet of public drinking sources of private wells, nine times the limit required by the Virginia Department of Health (Baron, 2021, Sep 25). The ordinance was unanimously approved by the Stafford County Board of Supervisors, 7-0, on December 13. In addition, any new cemetery proposal must go before the county’s Planning Commission and Board of Supervisors (Davis, 2017, Sep 20). While churchyard cemeteries, which are typically smaller than the proposed Islamic cemetery, and family graveyards were excluded from the ordinance, county officials said they did not consider the AMAA site to be a churchyard cemetery because the group did not intend to have a mosque on site (Olivo, 2020, Dec 2). The ordinance change was unbeknownst to AMAA, which made its final payment for the property in April 2017 (Baron, 2021, Sep 25). AMAA was not informed of the new ordinance until the fall of 2017 (ibid.). In April 2018, the U.S. Department of Justice (DOJ) launched an investigation into whether Stafford County violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by blocking AMAA’s proposed cemetery (Branscome, 2018, Apr 25). Despite the investigation, the Planning Commission met on May 23 to unanimously vote, 6-0, to leave the cemetery ordinance in place, saying the stricter requirements would protect public health (ibid.). In a highly unusual vote without all of its members present, the Board of Supervisors voted 3-2, with one abstention, on September 18 to keep the ordinance (Branscome, 2018, Sep 18). In December 2018, AMAA requested a variance from the Board of Zoning Appeals to confirm its cemetery complied with Health Department regulations and would not be within 250 feet of any residence or 200 feet of any private well (Baron, 2020, Oct 15). In June 2020, AMAA announced it was suing Stafford County over its changes to the cemetery ordinance, alleging it prevented the nonprofit from being able to use its land by “imposing new and scientifically unsupported minimum distance requirements between AMAA’s cemetery and certain surrounding water sources” (Muslim Group Sues, 2020, Jun 8). Additionally, AMAA claimed that Stafford County had a history of discrimination against Muslim communities. In its complaint, AMAA describes a different Muslim group, AsSalam Memorial Garden, LLC (AMG), which had requested the construction of a small Muslim cemetery around August 2015. AMAA alleged that Stafford County did not consider the group’s cemetery as a “churchyard” and rejected AMG’s proposal because an ordinance required that perpetual care and endowed cemeteries be a minimum of 25 acres. Ultimately, AMG did not establish a Muslim cemetery in Stafford County. Following AMAA, the DOJ filed a lawsuit against the county on June 19, claiming the ordinance “has no legitimate health justification, imposes a substantial burden on the association’s religious exercise, and is not narrowly tailored to achieve a compelling governmental interest” (Feds sue Virginia, 2020, Jun 19). In response, county officials met in August to reduce the setback from private wells to 656 feet (Baron, 2020, Oct 15). In October, the Board of Supervisors voted 4-3 to rescind the ordinance (Olivo, 2020, Dec 2). The next month, Stafford County supervisors settled the lawsuit filed by AMAA, agreeing to pay them $500,000 and approve the cemetery (Baron, 2021, Sep 25). The DOJ dismissed its lawsuit against Stafford County on October 14 (U.S. Department of Justice, 2021, Oct 14). On October 15, 2021, it was reported that construction was set to begin on the cemetery (Kellner, 2021, Oct 15). According to AMAA’s website, the cemetery is under construction and is over 70% completed as of March 2023. AMAA plans to purchase an additional thirty to fifty acres of land between Ashburn and Manassas, VA, to construct another cemetery. References <ul> <li style="font-weight:400;">Baron, J.S. (2020, October 15). Stafford supervisors will consider repealing latest cemetery provisions. Fredericksburg.com.<a href="https://fredericksburg.com/news/local/stafford-supervisors-will-consider-repealing-latest-cemetery-provisions/article_0700d178-2cff-5d02-adce-a35c4e67e592.html"> Web</a>.</li> <li style="font-weight:400;">Baron, J.S. (2021, September 25). Stafford supervisors vote to settle costly Muslim cemetery case. Fredericksburg.com.<a href="https://fredericksburg.com/news/local/stafford-supervisors-vote-to-settle-costly-muslim-cemetery-case/article_0251255e-5595-50c9-9be5-b3af93b130ef.html"> Web</a>.</li> <li style="font-weight:400;">Branscome, J. (2018, April 25). DOJ launches investigation into Stafford’s handling of a proposed Muslim cemetery. Fredericksburg.com.<a href="https://fredericksburg.com/news/local/doj-launches-investigation-into-staffords-handling-of-a-proposed-muslim-cemetery/article_04262377-46c3-5a77-90ac-2b2cc54c53e3.html"> Web</a>.</li> <li style="font-weight:400;">Branscome, J. (2018, September 18). Stafford leaders vote to maintain cemetery ordinance amid DOJ investigation. Fredericksburg.com.<a href="https://fredericksburg.com/news/local/stafford-leaders-vote-to-maintain-cemetery-ordinance-amid-doj-investigation/article_69a0c8c8-0576-59e8-987a-99e9391fbe88.html"> Web</a>.</li> <li style="font-weight:400;">Davis, K. (2017, September 20). Planning Commission likely to revisit new cemetery ordinance after changes shut out Muslim cemetery. Available through<a href="https://infoweb.newsbank.com/apps/news/document-view?p=WORLDNEWS&docref=news/16708D3625B7D2A0&f=basic"> NewsBank</a>.</li> <li style="font-weight:400;">Feds sue Virginia county over law blocking Islamic cemetery. (2020, June 19). Associated Press. Available through<a href="https://advance-lexis-com.proxy.library.emory.edu/api/document?collection=news&id=urn:contentItem:605K-0N21-DYMD-61TV-00000-00&context=1516831"> NexisUni</a>.</li> <li style="font-weight:400;">Kellner, M. (2021, October 15). Stafford County settles federal discrimination lawsuit, allows Muslim cemetery in Fredericksburg. The Washington Times.<a href="https://www.washingtontimes.com/news/2021/oct/14/stafford-county-settles-federal-discrimination-sui/"> Web</a>.</li> <li style="font-weight:400;">Muslim Group Sues Virginia County for Blocking Construction of Religious Cemetery. (2020, June 8). Muslim Advocates.<a href="https://muslimadvocates.org/2020/06/muslim-group-sues-virginia-county-for-blocking-construction-of-religious-cemetery/"> Web</a>.</li> <li style="font-weight:400;">Olivo, A. (2020, December 2). Changing Virginia County faces discrimination charges over Islamic cemetery. The Washington Post.<a href="https://www.washingtonpost.com/local/virginia-politics/virginia-muslim-cemetery-lawsuit/2020/12/02/5e4e1504-2aa0-11eb-8fa2-06e7cbb145c0_story.html"> Web</a>.</li> <li style="font-weight:400;">U.S. Department of Justice (2021, October 14). Stafford County to Allow Islamic Cemetery in Response to Justice Department Lawsuit. United States Attorney’s Office.<a href="https://www.justice.gov/usao-edva/pr/stafford-county-allow-islamic-cemetery-response-justice-department-lawsuit"> Web</a>.</li> </ul> Last Updated Date revised. June 13, 2024 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Stafford County, VA Creator An entity primarily responsible for making the resource Ryan Wang Publisher An entity responsible for making the resource available Oxford College of Emory University Description An account of the resource In May 2015, the All Muslim Association of America (AMAA) purchased a property on Garrisonville Road zoned for cemetery use. However, in December 2016, the Stafford County Board of Supervisors voted to change the county’s cemetery ordinance to effectively prohibit the Muslim cemetery. AMAA was not notified of the ordinance change until the fall of 2017, which launched a U.S. Department of Justice investigation regarding religious discrimination in April 2018. Two separate lawsuits against Stafford County were then filed by AMAA and the DOJ until a settlement approving the cemetery was finally reached in September 2021, ending a six-year conflict. Approved (initial denial) Built Cemetery DOJ Lawsuit (RLUIPA) Legislation Public Campaign https://usmc.oxomeka.org/files/original/ccffd73398cf829aaecf68fc4e3d941e.png d0f292d4fc81a139cd3800d715b03fcc Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Mississippi Case Use this Item Type to create the case Item Pages for the U.S. Mosque Controversies site. Date 1983 Case Number Enter the case number in this field using the format: Case No. XX_00 (e.g. Case No. Ga_01) Case No. Ms_01 Location The location of the interview Starville, MS Year Year the case began. 1983 Address Enter the full address, if it is available. 204 Herbert St, Starkville, MS 39759 Plus Code Enter the plus code for the location, if it is available. F57X+P5 Starkville, Mississippi Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Starkville, MS Description An account of the resource An Islamic Center was considering purchasing one of three parcels of land near the university on which to erect a student center. In preliminary discussions with city officials, what everyone agreed were legitimate concerns about parking and congestion emerged. Not wanting to appear uncooperative, the Center turned its attention to a fourth piece of land, suitable for its needs although it lay somewhat further from campus. The Planning Commission gave its okay after meeting with the group, and the Center purchased the land. The city’s building code inspector next approved the blueprints for the proposed structure. However, the city council turned the zoning request down, citing congestion. (Somewhat ironically, a house next door was used by Pentecostals.) The Islamic Center took the city to court, and while it lost at the district court was victorious on appeal. Had they not had the determination and the resources to go to court (all the while holding on to the property without being able to use it), though, the Center’s directors would have lost the opportunity to construct their facility. [Source: Waltman, J. L. (2011). Religious free exercise and contemporary American politics: The saga of the Religious Land Use and Institutionalized Persons Act of 2000. New York : Continuum.] Publisher An entity responsible for making the resource available Oxford College of Emory University Approved Built Lawsuit (non-RLUIPA) Mosque Planning and Zoning Public Campaign https://usmc.oxomeka.org/files/original/0ec8f473a53cbd1fa01ee78d331c47ac.jpg 0a5941886c6e74b2cc371b56b96de9bf Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michigan Case Use this Item Type to create the case Item Pages for the U.S. Mosque Controversies site. Summary Enter a brief description of the case (no more than 600 characters). This should be one or two sentences. In 2014, some American Islamic Community Center (AICC) board members purchased a plot of land just off of 15 Mile Road in Sterling Heights, Michigan. In June of 2015, the AICC submitted a special approval land use (SALU) request to build a mosque on this land. In August of 2015, the Sterling Heights Planning Commission initially reviewed the SALU request. Shortly after this, residents began to protest the mosque citing zoning concerns, as the surrounding area was single-family homes. The request was then revised, but residents continued to protest the mosque, now blatantly including Islamophobia remarks. Following these protests, the mayor of Sterling Heights publicly announced his opposition to the mosque. In September, the Sterling Heights Planning Commission voted unanimously (9-0) to deny the mosque’s permit. In August of 2016, the AICC sued the Sterling Heights Planning Commission, alleging that a denial of the mosque infringed upon their First Amendment rights. In response to this suit, the Sterling Heights Planning Commission denied any bias against the Muslim community. Two days later, however, it was revealed that a commissioner on the board made Islamophobic remarks on his Facebook page. In December of 2016, the DOJ also filed a suit against the Sterling Heights Planning Commission, alleging the board violated the 2000 RLUIPA law. In February of 2017, the planning commission voted to settle these suits against them, allowing the mosque to be built. In March of that same year, a counter-suit was filed by the American Freedom Law Center, alleging that residents who attended the settlement meeting had their 1A rights violated. In June of 2017, a federal judge rejected the injunction against the mosque (brought on as a result of the counter-suit). In August of 2018, a judge ruled in favor of the city’s settlement and the AFLC appealed the ruling in a Cincinnati Circuit Court. In August of 2019, the court ruled in favor of the city. Case Number Enter the case number in this field using the format: Case No. XX_00 (e.g. Case No. Ga_01) Case No. Mi_06 Location The location of the interview Sterling Heights, MI Date 2015-2019 Address Enter the full address, if it is available. 5025 15 Mile Rd, Sterling Heights, MI 48310 Proposed By List the entity (legal entity or community name) that proposed the project. <a href="https://www.aiccmi.com/">American Islamic Community Center</a> Type of Opposition Public Campaign, Vandalism, Legal Action, Local Ordinance administrative denial; public campaign; bias-related incident; public speech; legal campaign Outcome Rejected, Approved, Approved with Modifications approved (with restrictions; settlement after initial denial and DOJ lawsuit) References Enter list of sources cited using the proper format. <ul><li>Cook, Jameson. (2019, August 23). City of Sterling Heights, prospective mosque prevail in federal appeals court ruling. The Macomb Daily. Retrieved from https://advance-lexis-com.</li> <li>Court rules in favor of city allowing mosque to be built. (2019, August 16). Associated Press: US News Online. Retrieved from https://infoweb-newsbank-com.</li> <li>Czarnik, Eric. (2015, August 12). Planners to hear request on proposed mosque. Sterling Heights Sentry . Retrieved from https://infoweb-newsbank-com.</li> <li>Dalton, Daniel. (2017, February 21). A RLUIPA win: The American Islamic Community Center will build a mosque in Sterling Heights, Michigan. Dalton and Tomich: Attorneys for Land Use. Retrieved from<a href="https://www.attorneysforlanduse.com/a-rluipa-win-the-american-islamic-community-center-will-build-a-mosque-in-sterling-heights-michigan"> https://www.attorneysforlanduse.com/a-rluipa-win-the-american-islamic-community-center-will-build-a-mosque-in-sterling-heights-michigan</a>. </li> <li>Delaney, Sean. (2015, August 22). Sterling Heights planners delay vote on controversial mosque site. The Macomb Daily. Retrieved from https://infoweb-newsbank-com.</li> <li>Felton, Ryan. (2016, December 15). Justice department sues Michigan city over denial of proposed mosque. The Guardian. Retrieved from<a href="https://www.theguardian.com/us-news/2016/dec/15/us-justice-department-mosque-michigan-sterling-heights?CMP=Share_iOSApp_Other"> https://www.theguardian.com/us-news/2016/dec/15/us-justice-department-mosque-michigan-sterling-heights?CMP=Share_iOSApp_Other</a>.</li> <li>Fournier, Holly and Mark Hicks. (2017, February 22.). U.S. Atty: ‘Proud’ of mosque settlement. The Detroit News. Retrieved from <a href="https://www.detroitnews.com/story/news/local/macomb-county/2017/02/22/sterling-heights-oks-settlement-mosque-lawsuits/98238840/">https://www.detroitnews.com/story/news/local/macomb-county/2017/02/22/sterling-heights-oks-settlement-mosque-lawsuits/98238840</a>. </li> <li>Harb, Ali. (2016, August 10). Muslim center sues Sterling Heights over denying mosque. The Arab American News. Retrieved from https://infoweb-newsbank-com.</li> <li>Harb, Ali. (2016, August 18). Planning commissioner made anti-Muslim posts before denying mosque. The Arab American News. Retrieved from https://infoweb-newsbank-com.</li> <li>Hicks, Mark. (2017, March 14). Sterling Heights sued over mosque case settlement. The Detroit News. Retrieved from<a href="https://www.detroitnews.com/story/news/local/macomb-county/2017/03/14/sterling-heights-sued-mosque-case-settlement/99152904"> https://www.detroitnews.com/story/news/local/macomb-county/2017/03/14/sterling-heights-sued-mosque-case-settlement/99152904</a>. </li> <li>Hijazi, Samer. (2015, September 3). Sterling Heights mosque controversy spills across Chaldean and Muslim communities. The Arab American News. Retrieved from https://infoweb-newsbank-com.</li> <li>Hijazi, Samer. (2015, September 10). Sterling Heights rejects mosque proposal amid escalating tensions. The Arab American News. Retrieved from https://infoweb-newsbank-com.</li> <li>Hohmann, Leo. (2019, May 3). Mayor sides with Muslims in mega-mosque battle that divides community. TUW Media. Retrieved from<a href="https://www.theunitedwest.org/2019/05/03/mayor-sides-with-muslims-in-mega-mosque-battle-that-divides-community"> https://www.theunitedwest.org/2019/05/03/mayor-sides-with-muslims-in-mega-mosque-battle-that-divides-community</a>.</li> <li>Hohmann, Leo. (2018, August 1). ‘Ultimate form of civilization jihad’ planned for Michigan city: Iraqi-Christian refugees on edge after learning of mosque ‘conversion’ project. Frontpage Magazine. Retrieved from <a href="https://archives.frontpagemag.com/fpm/ultimate-form-civilization-jihad-planned-michigan-leo-hohman">https://archives.frontpagemag.com/fpm/ultimate-form-civilization-jihad-planned-michigan-leo-hohman</a>.</li> <li>Hotts, Mitch. (2017, February 20). Sterling Heights council to vote on mosque lawsuit settlements. The Macomb Daily. Retrieved from https://infoweb-newsbank-com.</li> <li>Hundreds of Sterling Heights residents turn out to protest Mosque. (2015, August 29). The Arab American News. Retrieved from https://infoweb-newsbank-com.</li> <li>Judge rules in favor of city allowing mosque to be built. (2018, August 1). Associated Press State Wire: Michigan. Retrieved from https://infoweb-newsbank-com.</li> <li>Justice Department files lawsuit against Sterling Heights for mosque rejection. (2016, December 15). The Arab American News. Retrieved from https://infoweb-newsbank-com.</li> <li>Le Miere, Jason. (2017, March 19). Christian Iraqi immigrants protest mosque construction because of ISIS violence. Newsweek. Retrieved from<a href="https://www.newsweek.com/christian-immigrants-mosque-muslim-isis-570004"> https://www.newsweek.com/christian-immigrants-mosque-muslim-isis-570004</a>. </li> <li>Ramirez, Charles E. (2019, August 15). Court sides with Sterling Hts. in appeal of mosque challenge. The Detroit News. Retrieved from<a href="https://www.detroitnews.com/story/news/local/macomb-county/2019/08/15/court-sides-sterling-hts-in-mosque-challenge/2017723001"> https://www.detroitnews.com/story/news/local/macomb-county/2019/08/15/court-sides-sterling-hts-in-mosque-challenge/2017723001</a>. </li> <li>Snell, Robert. (2015, September 11). Sterling Hts. panel rejects proposed mosque - Planning commission votes 9-0 unanimously. The Detroit News. Retrieved from https://infoweb-newsbank-com.</li> <li>Staff Writer. (2015, September 16). Mosque issue will not come before Sterling Heights council. The Daily Tribune. Retrieved from https://infoweb-newsbank-com.</li> <li>Staff Writer. (2017, July 2). Judge rejects injunction against Sterling Heights mosque. The Macomb Daily. Retrieved from https://infoweb-newsbank-com.</li> <li>Staff Writer. (2019, December 16). American city’s ban on criticism of Islam headed for Supreme review. WorldNetDaily. Retrieved from https://infoweb-newsbank-com.</li> <li>Victor, Daniel. (2017, February 22). Muslim group wins right to build mosque in Michigan city. The New York Times. Retrieved from<a href="https://www.nytimes.com/2017/02/22/us/michigan-mosque-approved.html"> https://www.nytimes.com/2017/02/22/us/michigan-mosque-approved.html</a>.</li> </ul> Narrative Enter the narrative about the case here. In a meeting on August 13, 2015, the planning commission for the city of Sterling Heights heard a proposed request for a special approval land use (SALU) to build a mosque for about 325 worshippers along 15 Mile Road. The SALU applicant, Jaafar Chehab, represented the American Islamic Community Center (AICC) in a project to build a house of worship on five adjoining lots in an area that was zoned for single-family homes. A staff report from the City’s Planning Office recommended the Planning Commission approve AICC’s SALU application because it met the city’s zoning ordinance conditions. After a total of 50 residents had spoken against the mosque plan--with only 7 speaking in support--the planning commission voted 6-1 to postpone the decision and further review the case before its next scheduled meeting on September 10 (Felton, 2016). Local news outlets reported that after the initial planning commission meeting, residents began to hold street protests. Protesters included members of the local Chaldean community, a group of Iraqi Christians, who had migrated to Sterling Heights in significant numbers because of the religious and ethnic persecution suffered following the deterioration of security conditions in the wake of the 2003 U.S. invasion of Iraq. Residents lined 15 Mile Road with crosses, American flags, and signs that said “Wrong Place” and “No Mosque” (Hundreds of Sterling Heights residents turn out, 2015). Petitions circulated urging city planners to deny the special land use provision for the mosque. Residents voiced similar concerns about traffic, noise, and overflow parking at the August 18 meeting of the city council (Delaney, 2015). In addition to lawful complaints, Islamophobic comments could be heard as well. The protests against the mosque project overlapped with the local election season during which the mosque project became a wedge issue. Mayor Michael Taylor, who found himself in a contested re-election campaign, made contradictory remarks. “"My heart breaks for the Chaldeans in Iraq and throughout the world who are being terrorized by Islamic terrorists," Taylor wrote on his Facebook page. "I will do everything in my power to protect, support and defend the Chaldean population in Sterling Heights. I have nothing to do with the mosque and don’t want it built there"” (Hijazi, 2015, September 3). The post was later deleted and the mayor sought to clarify that his opposition was based solely on concerns over zoning issues (ibid.). Following these protests, the planning commission denied the Muslim community’s SALU application in a unanimous 9-0 vote at a meeting on September 10, 2015 while protesters rallied in front of city hall (Snell, 2015). After the vote, comments from residents included comparisons of ISIS and boos to the Muslim leaders (ibid.). After this denial, the Sterling Heights City Council refused to review the mosque’s petition stating that final authority to approve SALU applications lay with the city’s planning commission (“Mosque Issue,” 2015)). On August 10, 2016, the American Islamic Community Center filed a complaint under RLUIPA against the Sterling Heights Planning Commission. Nearly a week later on August 16, the Sterling Heights Planning Commission publicly denied any bias against the community. The city issued a statement that “Sterling Heights is an inclusive community and welcomes diversity through its many programs and events” (Terry, 2016). Two days after this public statement, however, it was revealed that Sterling Heights Planning Commissioner Jeff Norgrove had made anti-Muslim comments via a Facebook post (Harb, 2016). In December of 2016, the Department of Justice filed a suit against the Sterling Heights Planning Commission, alleging the commission had violated the Religious Land Use and Institutionalized Persons Act. The complaint alleged the city had discriminated against the Muslim community on the basis of religon. Moreover, the DOJ argued that the reasons the city had given for its denial of the application, such as a concern over the height of the mosque’s spires, had imposed an unnecessary burden on AICC’s religious exercise (Hicks, 2017).. At a contentious public meeting on February 21, 2017, the Sterling Heights City Council voted to settle the suits and to enter into a federal consent decree that would allow the mosque to be built (Hotts, M.). Although the full terms of the settlement were not made public, representatives of AICC and U.S. Attorney Barbara McQuade stated at a <a href="https://www.youtube.com/watch?v=6g00ettRfd8">joint press conference</a> the morning after the city council meeting that issues over parking and noise had been resolved. The AICC also had agreed to reduce the height of the spires from 66 to 61 ft. The settlement of the DOJ case did not include monetary payments but the city agreed to pay $350,000 toward its insurance deductible to offset costs AICC had incurred for its suit against the city. Under the terms of the settlement the city did not admit to any wrongdoing but was required to revisit its nondiscrimination policies and agree to RLUIPA training (Fournier and Hicks, 2017). The tumultuous events at the city council meeting of February 21 formed the basis of a lawsuit against the City of Sterling Heights by the American Freedom Law Center (AFLC) seeking to invalidate the settlement. Following shouts of “terrorist” and repeated interruptions by members of the public, the city council had restricted public comments and removed one resident from the room (Victor, 2017). The AFLC’s lawsuit was filed on behalf of several Sterling Heights residents, including the aforementioned City Planning Commissioner Jeff Norgrove. It included allegations that the city had violated the Equal Protection Act, the Open Meetings Act, and citizens’ First Amendment rights. AFLC also filed an injunction seeking to halt construction. “Regardless of Defendants’ purpose for entering into the Consent Judgment and for the Mayor’s actions at the City Council meeting, the effect of such actions conveys a message of approval of Islam,” the complaint read. “A reasonable observer would conclude that this favors the adherents of Islam over those who are not adherents of Islam” (Youkhana v. City of Sterling Heights [ED MI, filed 3/13/2017]). In late June, a federal judge rejected the injunction against the mosque (“Judge Rejects Injunction,” 2017) and, more than a year later in August of 2018, a federal judge ruled in favor of the city (“Judge Rules in Favor of City,” 2018). The AFLC’s appeal to the Sixth U.S. Court of Appeals in Cincinnati was unanimously dismissed by a three-judge panel in August of 2019. Siding with the city, the ruling affirmed that the city council’s restrictions on comments regarding religion to issues in which religion is relevant to zoning considerations such as potential noise disturbance from amplified calls to prayer had not infringed on residents’ constitutional rights (Ramirez, 2019). The <a href="https://www.americanfreedomlawcenter.org/case/youkhanna-v-city-of-sterling-heights/">AFLC’s website</a> indicates that the group filed a petition for a rehearing en banc in August 2019 but does not offer any updates on the current status. Similar, the WorldNetDaily, an extremist group according to the <a href="https://www.splcenter.org/fighting-hate/extremist-files/group/worldnetdaily">Southern Poverty Law Center</a>, reported that the case would eventually be taken up by the Supreme Court, but no such verification has been possible thus far (“American City’s Ban on Criticism of Islam,” 2019). Year Year the case began. 2015 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Sterling Heights, MI Description An account of the resource A documented account of Case No. MI_06, occurring in Sterling Heights, MI, 48310 from 2015 to 2019 Creator An entity primarily responsible for making the resource Stewart Zelnick Publisher An entity responsible for making the resource available Oxford College of Emory University DOJ Lawsuit (RLUIPA) https://usmc.oxomeka.org/files/original/3612bd67f355f7fa29b3f5e6da00c492.jpg 24c8d1fe52e903bc55a39e8c1b2ad635 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Description An account of the resource Dennis Nett. (2014). Exterior of Masjid Isa Ibn Maryam on Park Street in Syracuse. Source A related resource from which the described resource is derived Eisenstadt, M. (2015, August 16). From church to mosque: Syracuse Islamic group cuts crosses, tries to connect to neighborhood. Syracuse.com. Available at <a href="https://www.syracuse.com/news/2015/08/from_church_to_mosque_syracuse_islamic_group_cuts_crosses_tries_to_connect_to_ne.html">https://www.syracuse.com/news/2015/08/from_church_to_mosque_syracuse_islamic_group_cuts_crosses_tries_to_connect_to_ne.htm</a>l. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource New York Case Use this Item Type to create the case Item Pages for the U.S. Mosque Controversies site. Case Number Enter the case number in this field using the format: Case No. XX_00 (e.g. Case No. Ga_01) Case No. Ny_14 Location The location of the interview Syracuse, NY Year Year the case began. 2014 Address Enter the full address, if it is available. 501 Park St, Syracuse, NY 13203 Plus Code Enter the plus code for the location, if it is available. 3V75+3V Syracuse, New York Proposed By List the entity (legal entity or community name) that proposed the project. Northside Learning Center (<a href="http://masjidisa.com/">Masjid Isa</a>) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Isabel Horne Publisher An entity responsible for making the resource available Oxford College of Emory University Title A name given to the resource Syracuse, NY Prior Church Use https://usmc.oxomeka.org/files/original/a57d30efe01da9485b73be02e7e67926.jpg 730aa3acbbd02c650db737459f5d5b6a Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Michigan Case Use this Item Type to create the case Item Pages for the U.S. Mosque Controversies site. Summary Enter a brief description of the case (no more than 600 characters). This should be one or two sentences. An Islamic group named Adam explored several properties over a five year span in order to develop an Islamic center. The Zoning Board of Appeals for the city of Troy, Michigan denied the variances that Adam requested for their community center. As a result, the DOJ began an investigation into Troy’s zoning practices and filed a lawsuit against Troy. The Michigan division of CAIR also filed a lawsuit on behalf of Adam Both of these lawsuits are ongoing. Date 2018-cont. Address Enter the full address, if it is available. 3635 Rochester Road, Troy, MI 48083 Proposed Project Islamic center Proposed By List the entity (legal entity or community name) that proposed the project. Adam Community Center Case Number Enter the case number in this field using the format: Case No. XX_00 (e.g. Case No. Ga_01) Case No. Mi_08 Location The location of the interview Troy, MI Type of Opposition Public Campaign, Vandalism, Legal Action, Local Ordinance administrative denial Outcome Rejected, Approved, Approved with Modifications rejected (legal action ongoing) Narrative Enter the narrative about the case here. The Adam Community Center (“Adam”) is a community of Sunni Muslims in Troy, Michigan. For seven years, the group has struggled to get their projects approved by the city. In 2013, a real estate company purchased a former restaurant and planned to develop it into a community center for Adam. At a Zoning Board of Appeals meeting, however, city officials designated the proposed project as a “place of worship” and the seller of the property accepted a different offer (Troy BZA minutes 2013). In 2017, the Adam Community Center approached the City of Troy with a list of several different properties in order to be advised on which ones may be best suited for development. Allegedly, the city refused to assist Adam and advised them to look for properties in neighboring cities (United States if America v. City of Troy, Michigan). *A year later, Adam had entered a preliminary agreement to purchase their current property. In order to develop this property and use it as a place of worship, Adam requested variances at a Zoning Board of Appeals meeting. Unanimously, the Zoning Board of Appeals rejected Adam’s request for variances. The rejection of these variances caused the Michigan chapter of the Council on American-Islamic Relations (CAIR) to file a lawsuit on behalf of Adam in the Eastern District of Michigan. The complaint, which was filed in November of 2018, outlines numerous allegations of Troy’s discriminatory behavior, including an instance where Adam attempted to purchase an existing church, but residents of Troy learned about the purchase and brought in Christian investors to buy out the church from under Adam (Adam Community Center v. City of Troy). The lawsuit accuses Troy of violating the Religious Land Use and Institutionalized Persons Act (RLUIPA) on three counts: depriving Adam of their religious exercise by imposing a substantial burden, discrimination on the basis of religion, and imposing unequal restrictions against religious institutions (Adam Community Center v. City of Troy).* In response to this lawsuit, the City of Troy requested a dismissal, which was rejected by a federal judge. In 2019, the United States Department of Justice also filed a lawsuit against Troy. The suit outlines similar allegations against Troy, but only alleges that Troy violated RLUIPA on two counts: imposing a substantial burden on Adam and imposing unequal restrictions against religious institutions. The DOJ’s lawsuit makes no mention of discrimination on the basis of religion. This is likely because it is more difficult to prove religious discrimination in a court of law. Both lawsuits are still ongoing as of June 2020. Last Updated Date revised. July 2, 2020 Year Year the case began. 2018 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Troy, MI Description An account of the resource A documented account of Case No. MI_08, occurring in Troy, MI, 48083 from 2018 to present Creator An entity primarily responsible for making the resource Stewart Zelnick Publisher An entity responsible for making the resource available Oxford College of Emory University DOJ Lawsuit (RLUIPA)