Mosque Moves Forward After Sterling Heights Settlement

Construction of a mosque in Sterling Heights can move forward under a settlement reached with the Justice Department and the American Islamic Community Center, which both had sued the city for civil rights violation after officials rejected their plans. The AICC alleged the city had violated the Religious Land Use and Institutionalized Persons Act of 2000, and the government agreed.

As part of the settlement, the city has also agreed to publicize its non-discrimination policies and practices, undergo training on the requirements of RLUIPA, and report periodically to the Justice Department. The law protects religious organizations from discrimination in zoning and land-marking laws, and contains multiple provisions prohibiting religious discrimination and protecting against unjustified burdens on religious exercise.

The American Islamic Community Center wants to build the mosque on land it already owns in Sterling Heights because it’s a more convenient for its members and the current space in Madison Heights is inadequate for its religious, educational and social needs. Nearly 70 percent of AICC members live in Sterling Heights.

The city denied plans for the mosque, saying it the 130-spot parking lot was inadequate, and citing traffic congestion, the size of the mosque’s dome, and the height of its spires, originally planned to be 66 feet tall, but dwarfed by the 151-foot steeple at nearby St. Blase Parish.

The mosque plans to adjust some of its plans to include overflow parking and its spires will now be shortened five feet. The AICC also has agreed not to use an outdoor sound projection for worship calls. The final site plan will require court approval as part of the settlement.

The Detroit News reported the settlement with the AICC includes a $350,000 cash settlement that the city of Sterling Heights must pay toward the city’s insurance deductible. Other financial settlements were not disclosed.

U.S. Attorney Barbara McQuade said at a news conference the settlement sends an important message that “in our pluralistic society ... religious minorities are entitled to the same rights.”

“Religious intolerance has no place in America,” she said. “We need to get over this irrational fear when we see people as the ‘other.’ ”

McQuade, who grew up in Sterling Heights, said in a statement that she is “proud that the city is taking steps to protect the religious rights of all of its residents.”

“The law protects people of all religions from discrimination or unnecessary obstacles when they seek to build a place of worship,” McQuade said. “Thanks to this settlement, the AICC will be able to build a mosque where its members can gather for religious and community events.”

See Also

• Justice Department Sues Sterling Heights For Denying Mosque
• Muslim Group Sues Sterling Heights Over Denial of Mosque

Attorneys for the AICC and others hailed the settlement as a step forward in community relations, but remain concerned about the tenor of some Sterling Heights residents during the public hearing. AICC attorney said plaintiffs are “relieved because Sterling Heights finally realizes who they are” and said the “Constitution prevailed against the test of time.”

“Moving forward,” he added, “we’re very concerned about some of what you’ve seen at the public hearings with some of the residents. We’ll be monitoring what we feel (could be) potential hate groups.”

Another mosque attorney, Dan Dalton, told the Detroit Free Press the “settlement is a win for religious liberty not only for the Muslim community in Sterling Heights but for all faith based communities,” the Detroit Free Press reported.

Dawuld Walid, executive director Michigan chapter of the Council on American-Islamic Relations, said in a statement that the settlement, along with last year’s settlement in Pittsfield Township regarding a previously blocked Islamic school project, “sends a strong message tocity governments in Michigan seeking to deny zoning of religious institutions simply because they are led by Muslims.”

The settlement still has to be approved in U.S. District Court. The Sterling Heights City Council voted to accept the agreement Tuesday at a raucous meeting that was briefly stopped by about 180 objectors, The Detroit News reported

At one point in the meeting, Mayor Michael Taylor ordered a handful of people escorted out by police and warned he would clear the entire auditorium. He said allowing the place of worship was “the American thing to do,” and said in a later statement that the mosque would add to Sterling Heights’ already diverse religious base that includes numerous churches, two existing mosque, and Sikh Buddhist and Hindu temples.

The city has not admitted wrongdoing. The city’s insurance lawyer, Anne McClorey McLaughlin, said officials had “valid defenses to many of the claims” in the lawsuit, but proving that in court “would come at great financial cost.”

Councilman Doug Skrzyniarz told residents that settling the lawsuit is in the city’s best interests.

“We have reduced our financial risk and we’ve been able to have input on what the actual development is going to contain,” he said.

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