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Township Saw a Zoning Issue. The Justice Dept. Saw Religious Discrimination. Township Saw a Zoning Issue. The Justice Dept. Saw Religious Discrimination.
(about 2 hours later)
WASHINGTON — For nearly 10 months, a Muslim congregation in the Philadelphia suburb of Bensalem, Pa., pleaded with township officials to allow the construction of a mosque, paying for expensive traffic studies, repeatedly explaining Islamic practices, revising and re-revising design plans, and then receiving the final word: No.WASHINGTON — For nearly 10 months, a Muslim congregation in the Philadelphia suburb of Bensalem, Pa., pleaded with township officials to allow the construction of a mosque, paying for expensive traffic studies, repeatedly explaining Islamic practices, revising and re-revising design plans, and then receiving the final word: No.
Then last month, the Justice Department stepped in, charging that the Bensalem Township zoning hearing board had violated federal religious land-use laws by denying the congregation’s application after it had granted zoning exemptions for other religious construction projects.Then last month, the Justice Department stepped in, charging that the Bensalem Township zoning hearing board had violated federal religious land-use laws by denying the congregation’s application after it had granted zoning exemptions for other religious construction projects.
“We were just asking for our mosque, and we just wanted to be treated like everyone else,” said Imtiaz Chaudhry, a physician and member of the Bensalem Masjid congregation.“We were just asking for our mosque, and we just wanted to be treated like everyone else,” said Imtiaz Chaudhry, a physician and member of the Bensalem Masjid congregation.
As anti-Islamic rhetoric and discrimination surges this presidential election year, the Justice Department is emerging as a bulwark for embattled American Muslims. Vanita Gupta, who heads the department’s civil rights division, said terrorism abroad and at home had led to “an uptick in hate-related incidents against the Muslim community,” a surge not seen since the aftermath of the Sept. 11, 2001, attacks.As anti-Islamic rhetoric and discrimination surges this presidential election year, the Justice Department is emerging as a bulwark for embattled American Muslims. Vanita Gupta, who heads the department’s civil rights division, said terrorism abroad and at home had led to “an uptick in hate-related incidents against the Muslim community,” a surge not seen since the aftermath of the Sept. 11, 2001, attacks.
“We have to be really vigilant here at the D.O.J. because we’ve seen it happen before,” she said.“We have to be really vigilant here at the D.O.J. because we’ve seen it happen before,” she said.
The Justice Department’s efforts in a series of cases like the Bensalem suit stand in contrast to the political environment in which the department operates. The Republican presidential nominee, Donald J. Trump, repeatedly denounces “radical Islam,” has declared that he would not allow Muslim immigrants into the country, and feuded for days with a Muslim family whose son died in combat while serving in the Army. The Justice Department’s efforts in a series of cases like the Bensalem suit stand in contrast to the political environment in which the department operates. The Republican presidential nominee, Donald J. Trump, repeatedly denounces “radical Islam,” has declared that he would not allow Muslim immigrants into the country and feuded for days with a Muslim family whose son died in combat while serving in the Army.
A Republican candidate challenging House Speaker Paul D. Ryan in Wisconsin’s primary suggested this week that “Muslim-Americans have been fighting on both sides of the war” on terrorism. Shouting matches over Islam are regular features outside Mr. Trump’s rallies. A Republican candidate challenging House Speaker Paul D. Ryan in a primary in Wisconsin suggested last week that “Muslim-Americans have been fighting on both sides of the war” on terrorism. Shouting matches over Islam are regular features outside Mr. Trump’s rallies.
Against that tide, the executive branch has been trying to make the country more hospitable to Muslims. Alongside land-use cases like the one in Bensalem, the Justice Department focusing on religious discrimination in the workplace and at school, pursuing hate crime cases and deploying community leaders to educate people on Islam. Against that tide, the executive branch has tried to make the country more hospitable to Muslims. The Justice Department has taken up land-use cases like the one in Bensalem, religious discrimination in the workplace and at school, and hate-crime cases, and it has deployed community leaders to educate people on Islam.
To be sure, the department has pursued religious discrimination cases involving Muslims since the attacks of Sept. 11, 2001. But in the last nine months, after terrorist strikes in Nice, France; Paris; San Bernardino, Calif.; Brussels; and Orlando, Fla., the tension has grown worse, officials say, and the Justice Department’s efforts have increased. To be sure, the department has pursued religious discrimination cases involving Muslims since the Sept. 11 attacks. But in the past nine months, after terrorist strikes in Nice, France; Paris; San Bernardino, Calif.; Brussels; and Orlando, Fla., the tension has grown, officials say, and the Justice Department’s efforts have increased.
Since November, the Justice Department has established the “Know Your Neighbor” campaign to celebrate religious pluralism. The department successfully litigated hate crime charges against a Florida man who threatened to firebomb two mosques near St. Petersburg, Fla., and against another man who ripped a hijab from a woman’s head on a flight over New Mexico. Federal prosecutors have filed friend-of-the-court briefs citing the religious land-use law to encourage courts in Texas and Florida to order prisons to provide halal meals and to accommodate Muslim inmates who grow beards and wear religious caps. Since November, the Justice Department has established the “Combating Religious Discrimination Today” campaign and taken part in a series of anti-discrimination efforts to celebrate religious pluralism. The department successfully litigated hate crime charges against a Florida man who threatened to firebomb two mosques near St. Petersburg, Fla., and against another man who ripped a hijab from a woman’s head on a flight over New Mexico. Federal prosecutors have filed friend-of-the-court briefs citing the religious land-use law to encourage courts in Texas and Florida to order prisons to provide halal meals and to accommodate Muslim inmates who grow beards and wear religious caps.
In mid-July, the department published recommendations from a series of discussions on how to better address modern religious discrimination. Participants voiced concerns about anti-Muslim bias in particular, Ms. Gupta said, including parking or zoning citations targeted at specific religious communities.In mid-July, the department published recommendations from a series of discussions on how to better address modern religious discrimination. Participants voiced concerns about anti-Muslim bias in particular, Ms. Gupta said, including parking or zoning citations targeted at specific religious communities.
To the Justice Department, the Bensalem case stood out. In the past, the township’s zoning hearing board granted use variances to an Indian Orthodox church, two Hindu temples and several faith-based private schools, among other religious institutions. To the Justice Department, the Bensalem case stood out. In the past, the township’s zoning hearing board granted variances to an Indian Orthodox church, two Hindu temples and several faith-based private schools, among other religious institutions.
However, when the Bensalem Masjid congregation applied for the same type of variance, it did not get one. The congregation’s request was officially denied because zoning hearing board members said they thought the mosque should ask for the property to be officially rezoned — a long, difficult process that had not been asked of other religious groups. Along the way, the board members pressed for traffic studies and demanded more parking spots in the congregation’s plans. The official complaint against the township charges that such concerns were veiled discrimination. However, when the Bensalem Masjid congregation applied for the same type of variance, it did not get one. The congregation’s request was officially denied because zoning hearing board members said they thought the mosque should ask for the property to be officially rezoned — a long, difficult process that other religious groups had not been asked to undertake. Along the way, the board members pressed for traffic studies and demanded more parking spots in the congregation’s plans. The official complaint against the township charges that such concerns were veiled discrimination.
“They were scrutinized much more rigorously,” said Roman Storzer, a lawyer representing the Bensalem Masjid. “Then they were denied and denied in a way that all other houses of worship had been approved.” “They were scrutinized much more rigorously,” said Roman Storzer, a lawyer representing the Bensalem Masjid. “Then they were denied, and denied in a way that all other houses of worship had been approved.”
Members of the zoning hearing board said they denied the application because the congregation had failed to meet the legal requirements to qualify for zoning relief.Members of the zoning hearing board said they denied the application because the congregation had failed to meet the legal requirements to qualify for zoning relief.
“For us as a board, there are five requirements that the law says that the applicant needs to approve,” Albert Champion, a board member, said at the meeting where the application was denied, according to transcripts. “I don’t think that they have proven by the law” that they have satisfied the requirements.“For us as a board, there are five requirements that the law says that the applicant needs to approve,” Albert Champion, a board member, said at the meeting where the application was denied, according to transcripts. “I don’t think that they have proven by the law” that they have satisfied the requirements.
Accusations that religious discrimination is being disguised as common regulatory decision making have increased in recent months. Several mosques in Northern Virginia have reported similar denials for plans to build mosques.Accusations that religious discrimination is being disguised as common regulatory decision making have increased in recent months. Several mosques in Northern Virginia have reported similar denials for plans to build mosques.
At the Justice Department’s round-table discussions, Christians, Jews and members of other faiths voiced worries that anti-Muslim discrimination could lead to renewed discrimination against other religions, Ms. Gupta said.At the Justice Department’s round-table discussions, Christians, Jews and members of other faiths voiced worries that anti-Muslim discrimination could lead to renewed discrimination against other religions, Ms. Gupta said.
“When there is an attack on one group, they can stand together,” Ms. Gupta said. “An attack on one religion is an attack on all of us.”“When there is an attack on one group, they can stand together,” Ms. Gupta said. “An attack on one religion is an attack on all of us.”
Indeed, the Justice Department investigated religious land-use violations that targeted Christian churches, Jewish synagogues, Buddhist temples, Muslim mosques and Hindu temples since 2010. In 84 percent of the non-Muslim investigations opened by the department, local governments agreed to solutions outside court. But in cases involving a mosque or Islamic school, only 20 percent were resolved without the department filing suit.Indeed, the Justice Department investigated religious land-use violations that targeted Christian churches, Jewish synagogues, Buddhist temples, Muslim mosques and Hindu temples since 2010. In 84 percent of the non-Muslim investigations opened by the department, local governments agreed to solutions outside court. But in cases involving a mosque or Islamic school, only 20 percent were resolved without the department filing suit.
The inability to build a house of worship impedes the Bensalem Masjid’s ability to freely practice Islam, said Dr. Chaudhry, a member of the congregation. Many congregants pray in a rented fire hall most Fridays, but the building lacks many of the hallmarks of a mosque that make prayer sacred for Muslims. It does not face Mecca. It lacks a dome and a minaret, which hold special religious symbolism, and the worshipers have no easy way to wash their hands, feet and heads before prayer, as called for in the Quran.The inability to build a house of worship impedes the Bensalem Masjid’s ability to freely practice Islam, said Dr. Chaudhry, a member of the congregation. Many congregants pray in a rented fire hall most Fridays, but the building lacks many of the hallmarks of a mosque that make prayer sacred for Muslims. It does not face Mecca. It lacks a dome and a minaret, which hold special religious symbolism, and the worshipers have no easy way to wash their hands, feet and heads before prayer, as called for in the Quran.
“If anyone walks into a church or synagogue or a mosque that is properly constructed, you have a real spiritual experience just being there,” said Dr. Chaudhry, who has lived in Bensalem for more than 25 years. “You don’t have that same experience just being in a room where things have been moved around so people can just do their prayer.”“If anyone walks into a church or synagogue or a mosque that is properly constructed, you have a real spiritual experience just being there,” said Dr. Chaudhry, who has lived in Bensalem for more than 25 years. “You don’t have that same experience just being in a room where things have been moved around so people can just do their prayer.”
Dr. Chaudhry said the township’s Muslim congregation was standing up for its right to worship.Dr. Chaudhry said the township’s Muslim congregation was standing up for its right to worship.
“Having a mosque there is kind of like Rosa Parks sitting in the front of the bus,” he said, “and they want to push us to the back.”“Having a mosque there is kind of like Rosa Parks sitting in the front of the bus,” he said, “and they want to push us to the back.”