Horn Lake, MS
Description
Creator
Year
Proposed Project
Outcome
Narrative
In 2019, DeSoto County resident Ray Elk met with the mayor of Horn Lake, MS, and the Board of Aldermen to propose the construction of the Abraham House of God, a 10,000-square-foot mosque on 80 acres of land with a 156-person worship room and 44 parking spaces. Northern Mississippi did not have a mosque, which meant the approximately 15 Muslim families living in DeSoto County needed to travel more than 30 minutes to the nearest mosque, located in Tennessee. (Weaver, 2021, Nov 3).
In August 2020, local residents expressed anti-Muslim sentiments at a meeting of the city’s Planning Commission (Randall, 2022, Jan 4). Their opposition towards the proposed mosque continued at another Planning Commission meeting in February 2021, where they voiced their concerns about increased traffic and potential violations of noise ordinances, despite repeated assertions that the mosque would not contain loudspeakers issuing calls to prayer (Burgess, 2021, Apr 22). The Planning Commission unanimously denied Elk’s application for permits to construct the mosque. Though houses of worship are permitted by right on land zoned Agricultural Residential (AR) in Horn Lake, they still require site plan approval from the Planning Commission.
In April 2021, the Board of Aldermen voted 5-1 to uphold the Planning Commission’s decision to deny approval of the site plan, citing concerns over insufficient water mains for fire sprinklers, potential violations of noise ordinances, and increased traffic (Burgess, 2021, Apr 22). Elk announced that he planned to sue the city over its decision, stating that “this is what my country was built on, freedom of religion. I am just practicing my right. This is my right to have any faith I want” (ibid.).
The next month, Horn Lake Mayor Allen Latimer held an executive session behind closed doors with the Board of Aldermen to discuss the proposed mosque and impending lawsuit (Masse, 2021, May 5). Alderman Charlie Roberts changed his mind, expressing support for the mosque. “If we can have Baptist churches, Methodist churches, Pentecostal churches on every corner and have the freedom to religion, we also should be able to allow our Islamic Muslim friends to have the same worship,” Roberts said at the meeting. “I support the freedom of religion, and I will stand behind the freedom of religion for everybody” (Marion, 2021, May 19).
In November 2021, the ACLU of Mississippi and Simpson Thacher & Bartlett LLP filed a federal lawsuit against the City of Horn Lake, claiming that their denial of the proposed mosque violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the First Amendment (Weaver, 2021, Nov 3). On November 18, it was reported that the city and Elk were working to settle the lawsuit (Dees, 2021, Nov 18).
On January 3, 2022, Judge Michael P. Mills of the Northern District of Mississippi issued a consent decree ordering Horn Lake officials to approve the mosque (Chaney, 2022, Jan 4). Mills found that the denial of the proposed mosque violated RLUIPA and the First Amendment’s Free Exercise Clause, stating that the case “presents very serious, and if proven factually accurate, strong allegations of religious discrimination” (Randall, 2022, Jan 4). It was reported that both parties agreed to the consent decree “in the interest of avoiding costly and protracted litigation” (ibid.). The city was ordered to approve a plan for the mosque’s construction within 14 days, act quickly in the future to address building-related matters like permitting, and pay $25,000 for expenses related to appealing the denial. City officials, employees, and insurers were released from any further monetary claims for damages, and the federal district court maintained jurisdiction over the case for five years to ensure the consent decree was enforced (ibid.).
In April 2022, Elk met with the city’s Planning Commission to propose the construction of a 1.2-acre Muslim cemetery on the same property as the mosque. The plan was tabled until September 26, when the Planning Commission voted 4-3 to grant a conditional use permit (CUP) with restrictions (Randall, 2022, Oct 14). Members of the Planning Commission stated that Horn Lake had never approved a cemetery in its history and shared their concerns regarding soil contamination and discrimination against women, as comparisons were made to the Dar ar-Rahma Cemetery in Tennessee, which does not allow women to attend burial services (ibid.). In response, Elk stated that he was unfamiliar with that rule. One of the conditions attached to the permit was that no discrimination would be allowed against women, in addition to other restrictions regarding the cemetery’s rules and guidelines, timeline of its construction, and future expansion process (ibid.). Addressing a query from Planning Commissioner Little regarding the cemetery's public or private nature, Elk offered to dedicate an area for non-Muslims to be buried, similar to how Christian cemeteries have sections for Muslim burials, highlighting inclusivity and accommodation within the community cemetery project (ibid.).
In October 2022, the Board of Aldermen met to discuss the cemetery’s conditional use request (Bakken, 2022, Oct 18). They voted unanimously, 7-0, to approve the CUP with five conditions: planting a mix of trees and plants along the perimeter to absorb any microorganisms, constructing the cemetery in the approved soil types identified in the state soil report, following the city’s subdivision regulations if the property is subdivided at a later date, ensuring there is at least one yard of subsoil at the bottom of all burial sites to protect against groundwater contamination, and going through the approval process if the site is expanded (ibid.). Additional Planning Commission conditions were not included, as they related to the cemetery's operation and not its actual zoning.
A groundbreaking ceremony was held at the Abraham House of God on October 23, 2022. The mosque was expected to take about a year to build (Bakken, 2022, Oct 18). Construction does not appear to have finished, as the mosque’s website states it is coming soon.
References
- Bakken, B. (2022, October 18). Mosque cemetery plan gets Horn Lake board approval. DeSoto County News. Web.
- Burgess, K. (2021, April 22). Horn Lake rejects application for mosque; applicant may take city to court. The Commercial Appeal. Web.
- Chaney, K. (2022, January 4). Horn Lake ordered to approve plans for first-ever mosque in Desoto County, Mississippi. Localmemphis.com. Web.
- Dees, T. (2021, November 18). City of Horn Lake working to settle lawsuit over proposed mosque. FOX13 Memphis. Web.
- Marion, G. (2021, May 19). “Stop It Before They Get Here”: Horn Lake Repeatedly Denies Mosque Permit. Mississippi Free Press. Web.
- Masse, J. (2021, May 5). Horn Lake officials discuss proposed mosque as lawsuit looms. FOX13 Memphis. Web.
- Randall, M. (2022, January 4). Federal court orders Horn Lake to approve mosque. DeSoto Times-Tribune. Web.
- Randall, M. (2022, October 14). Horn Lake to consider Muslim cemetery request. DeSoto Times-Tribune. Web.
- Weaver, H. (2021, November 3). A Mississippi City Blocked a Proposed Mosque Due to Anti-Muslim Prejudice. We’re Suing. American Civil Liberties Union. Web.