(CBS-DETROIT) – A Washtenaw County township is being sued for allegedly violating federal law by denying a zoning application for a place of worship for Muslim residents, according to the lawsuit.
The Michigan chapter of the Council on American-Islamic Relations, also known as CAIR-MI, filed the lawsuit Thursday against Lodi Township, its board of directors and its planning commission.
The lawsuit was filed on behalf of Masjid Al-Farook, a nonprofit organization in Ann Arbor.
CAIR says Lodi Township does not currently have a place of worship for Muslims, so Masjid Al-Farook applied in 2021 to rezone Ellesworth Road for mosque development.
The city’s planning commission reportedly denied the request, and the board of supervisors indicated that no action is planned on the request.
The lawsuit alleges that Lodi Township has had a zoning ordinance in place since 2019. The municipality has reportedly demarcated religious places of worship, and there is only one zoning district where they are allowed to be. However, the plan would not reserve land for zoning.
“Lodi Township’s current zoning ordinance precludes the development of a new place of worship within the township, which is a serious violation of RLUIPA and the U.S. Constitution,” said Amy Doukoure, staff attorney for CAIR-MI. “Despite being aware since 2021 that their zoning plan is likely to conflict with the constitutional and legal rights of Masjid Al-Farook, the municipality voted to deny their request for rezoning and took no action to change their zoning plan. revised until Masjid Al-Farook demanded that they finally take action. Despite the time that has passed since the original rezoning request was filed, the Township has failed to correct their zoning ordinance and bring it into compliance with their obligations under the U.S. Constitution and federal law.
The lawsuit accuses these zoning laws of violating the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the First and Fourteenth Amendments.
CAIR-MI Executive Director Dawud Walid says this is the third lawsuit the advocacy group has filed on behalf of Muslim communities over the denial of zoning laws for mosques.
“Lodi Township, like many other municipalities, has taken the route of restricting the development and expansion of religious institutions for American Muslims,” Walid said. “After waiting almost three years and giving the municipality time to adopt their zoning plan, CAIR-MI has no choice but to assert the rights of the Muslim community through legal action.”
CAIR-MI was involved in a similar lawsuit with the city of Troy that was settled in 2022. It was on behalf of the Adam Community Center regarding a rejected zoning application for the development of the city’s first mosque.
Another lawsuit was settled with Pittsfield Township over the denial of zoning approvals for the development of an Islamic school.
