Justice Department Sues Sterling Heights for Denying Mosque

The Justice Department is suing a suburban Detroit community, saying local government officials discriminated against the American Islamic Community Center Inc. when they denied a special and use permit needed before construction of a mosque could begin.

The AICC mosque is currently located in Madison Heights, but is overcrowded, especially during important religious observances and lacks space for educational activities, youth activities and special events.

By denying the permit, Sterling Heights officials violated the U.S. Constitution, which protects the rights of religious communities to create the institutions and physical spaces they need to observe and practice their faith free from discriminatory barriers, Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, said in a statement.

“We filed this lawsuit to protect the rights of all of our citizens to freely practice their religion and have a place to gather with members of their community,” added U.S. Attorney Barbara McQuade of Michigan’s Eastern District

The Sterling Heights Planning Commission denied the AICC’s permit to build a mosque on land the organization had purchased in May 2014 and the city’s planning director, signed off on the site plan. But the commission denied it after a contentious public hearing last summer in which local Muslims claimed they had been threatened, assaulted, spit on and dehumanized while some police officers st back and watched.

• Muslim Group Sues Sterling Heights Over Denial of Mosque

Sterling Heights officials said in a statement the permit as denied because the mosque wasn’t compatible with adjacent land uses, the plan failed to provide adequate parking, and it exceeded size and heights restrictions — “not emotional feelings tied to religious beliefs either for or against the applicant.”

The city said officials have cooperated with the Justice Department in the investigation,, but officials are “surprised and disappointed” in the decision to file the lawsuit.

The Muslim group filed a federal lawsuit against the city of Sterling Heights last summer and asked the Justice Department to investigate its allegations the the city had violated the Religious Land Use and Institutionalized Persons Act. The Justice Department agreed, saying in the lawsuit filed Thursday in U.S. District Court that city officials had discriminated against the mosque developers on the basis of religion.

In the statement, Sterling Heights officials said the community has a long history of inclusiveness and tolerance that is reflected in a wide variety of places of worship across the city, including two existing mosques, a Sikh temple, a Buddhist temple, Christian churches of various denominations and a Hindu temple.

“Sterling Heights is a community that has and continues to welcome diversity through many programs and events. For many years, the city has been known in Metro Detroit as a premier community — in large part because of its diverse population representing a wide variety of cultures, ethnicities and race,” the city said. “One of Sterling Heights' most well-attended annual events is the ever-popular Cultural Exchange, wherein thousands of residents gather every year to celebrate and share their heritage with one another through food, dancing, art displays and other activities.

“Sterling Heights will continue to foster faith-based inclusiveness and understanding with local partners including our city's school districts, religious organizations and other community groups. Sterling Heights was the first city in Macomb County to join Welcoming Michigan, an organization representing new refugees and immigrants who have chosen Sterling Heights as their new home. We continue to work closely with Welcoming Michigan to develop new programs tailored to inclusiveness as well as promoting education and understanding of the various cultures within our city.

“As stated in the city's 2030 Vision Statement, ‘Sterling Heights is a vibrant, inclusive community for residents and businesses that is safe, active, progressive and distinctive. Inclusiveness will continue to be a guiding principle in all that we do. As such, the city has been and continues to be interested in collaborating with the American Islamic Community Center (AICC).’ ”

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