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)