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Mosques in America MOSQUES IN AMERICA A Guide to Accountable Permit Hearings and Continuing Citizen Oversight By Karen Lugo, Esq. Constitutional Law Specialist RLUIPA Analyst and Litigator This book may be reproduced, distributed and transmitted for personal and non-commercial use. Contact the Center for Security Policy for bulk order information. For more information about this book, visit SECUREFREEDOM.ORG Mosques in America is published in the United States by the Center for Security Policy Press, a division of the Center for Security Policy. ISBN-13: 978-1540729170 ISBN-10: 1540729176 The Center for Security Policy 1901 Pennsylvania Avenue, NW, Suite 201 Washington, D.C. 20006 Phone: 202-835-9077 Email: [email protected] For more information, visit SecureFreedom.org Book design by Bravura Books Cover design by J.P. Zarruk TABLE OF CONTENTS FOREWORD ...................................................................................................... 1 INTRODUCTION ............................................................................................... 3 1: City Hall and Mosque Building Projects ......................................................... 11 2: Unique Mosque Application Controversies ................................................... 15 3: Religious Discrimination: Preference for Mosques? ...................................... 21 Case One: Al Farooq Youth and Family Center .................................................... 22 What Went Wrong? ......................................................................................................... 26 Residents’ Points of View ............................................................................................. 33 City Council and Mayor Points of View ................................................................... 35 City Attorney and City Manager Points of View .................................................. 39 Case : Resurrection Power Church ..................................................................49 4: Understanding Zoning Authority .................................................................... 57 5: Is RLUIPATwo Always a Trump Card? .................................................................. 61 6: What Courts Have Said About RLUIPA ......................................................... 65 When Does Local Government Substantially Burden a Religious Practice? ............................................................................................................................... 66 RLUIPA and Equal Terms and Non-Discrimination .......................................... 69 RLUIPA and Governmental Compelling Interest ................................................ 71 7: What Zoning Laws May Survive RLUIPA Tests? .......................................... 75 8: The Department of Justice, RLUIPA and Mosques ........................................ 81 When Government Uses Dubious Hate Crimes to Drive Law and Policy ............................................................................................................................ 84 9: Islam Is Defined as a Religion for Constitutional and RLUIPA Protections ......................................................................................................... 95 10: Mosque Building Permits: What to Expect From City Hall? .................... 101 11: The Mosque Siting or Expansion Permit Process ....................................... 105 12: Holding the Planning Department Accountable ........................................ 111 13: Unique Concerns When Residential Homes Are Converted to Mosques ....................................................................................................... 117 14: Testing Conditional Mosque Permitting in Phases .................................... 119 15: Permit Hearings and Public Comment Strategy ........................................ 121 16: Scaling Stonewalls: Public Record Requests and Open Meeting Acts .... 127 Public Record Requests ............................................................................................... 127 Public Officials May Not Hold Sub-Group Private Discussions .................. 129 17: Withdrawal of Unreasonable Mosque Applications ................................. 131 18: Anticipating Enforcement: When Government Fails to Uphold the Law ............................................................................................................. 133 19: America’s ‘Dominant Traditions’ Are Not for Barter ................................ 147 20: Free Speech: Use It or Lose It ........................................................................ 157 21. Ask An Imam ................................................................................................... 173 CONCLUSION AND SUMMARY ................................................................... 177 Recommended Reading ............................................................................................... 177 Foundational Reading .................................................................................................. 178 Mosque Permit Processing ......................................................................................... 178 Post-Application Follow-Up with Mosques ........................................................ 179 Exercise Your Freedoms ............................................................................................. 180 ABOUT THE AUTHOR .................................................................................. 183 FOREWORD merica has throughout its history been characterized as a “melting pot” in which immigrants from countries, cultures, religious A backgrounds and ethnic communities around the world have created “E Pluribus, Unum” – out of many, one. While there have been times when the size of a particular influx has created backlashes towards the migrants, the United States’ record, on the whole, is one of extraordinary tolerance and generosity. On balance, the country has benefited greatly from the addition of those who have come, as the poet put it, “yearning to breathe free” and willing to assimilate, become part of the fabric of this country and make it a better place for newcomers and those who came before, alike. Never in our national experience, however, have we faced the challenges associated with the arrival here of a large population that adheres, to varying degrees, to a totalitarian ideology that is utterly at odds with the foundational principles and constitutional freedoms of this Republic. Muslims who believe their faith requires them to respect Sharia dictates above American law seek neither to assimilate nor otherwise to support American values, norms or laws. The danger posed by such Islamic supremacists to a pluralistic and open society like ours can be acute to the extent that they conceal as religious practice what are, in fact, fundamentally autocratic efforts by clerics and others aimed at, in the words of the Muslim Brotherhood, “destroying Western civilization from within…by [non-Muslims’] hands and the hands of the believers so that Allah’s religion is made victorious over all other religions.” As this book documents, such Islamist ambitions are a threat to America’s peaceable, tolerant and law-abiding Muslims – many of whom came here to get away from Sharia in their native lands – as well as to non- Muslim communities. Written by Karen Lugo, an attorney with extensive experience in First Amendment constitutional law and in helping those seeking to protect our freedoms against all enemies, foreign and domestic, Mosques in America is a how-to manual for patriotic Americans who are ready to counter the leading edge of Islamic supremacism: its infrastructure-building through the construction of Sharia-promoting mosques that serve to alienate and radicalize. Ms. Lugo offers a model case study to illustrate how Islamist operatives may be using our laws and regulations designed to promote free and accessible religious practice to place isolationist and extremist mosques in residential areas. She both shows how scrutiny of the process and deliberative community input is critical to assuring outcomes that protect community interests while following federal law that governs 1 religious land use. Of particular value are her insights and practical advice for activists on how to address the land use process, as well as challenge other Islamist assaults on the American way of life. One element of Ms. Lugo’s recommended approach bears special mention here: the crucial role that can be played by Muslims who reject Islamic supremacism. Those, like Dr. Zuhdi Jasser and the other signatories of the incalculably important “Muslim Reform Manifesto” – who recognize Sharia as “man-made law,” not holy writ, and, therefore, reject its imposition in American mosques and American communities – are not just natural allies of freedom-loving non-Muslim Americans. They may be the single most effective force-multiplier to counter Islamists’ demands for anti-constitutional accommodations. It is our hope that this handbook will prove to be both an inspiration and an invaluable guide to our countrymen and women of all faiths in understanding – and effectively countering – the Muslim Brotherhood’s civilization jihad. Frank J. Gaffney, Jr. President & CEO Center for Security Policy November 2016 2 INTRODUCTION mericans have to face the fact that the cultural victories won by Islamists – as distinguished from reformist and compatible Muslims A– are in no small
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