NJDOJ Files Lawsuit Against Bernards Twp. Over Islamic Mosque Denial

BASKING RIDGE, NJ — The United States Justice Department filed a lawsuit against Bernards Township alleging discrimination after the Township's Planning Board unanimously voted down an application to build an Islamic mosque on Church Street last December.

"Bernards Township’s denial of approval for the mosque discriminated against the Islamic Society based on its religion and the religion of its members; applied standards and procedures on the Islamic Society that it had not applied to other religious and non-religious assemblies in the past; and imposed a substantial burden on the Islamic Society’s religious exercise. The complaint also alleges that the township violated RLUIPA by amending its zoning ordinance in a manner that imposes unreasonable limitations on all religious assemblies," according to the the complaint, filed in U.S. District Court for the District of New Jersey.

The land where the the Islamic Society of Basking Ridge attempted to build the mosque is located in a zone that, at the time of the Islamic Society’s zoning request, permitted the construction of places of worship as a matter of right, according to the USDOJ.

“As alleged in the complaint, Bernards Township has treated the Islamic Society of Basking Ridge differently than other houses of worship,” U.S. Attorney for New Jersey Paul J. Fishman said. “RLUIPA ensures that municipalities must treat religious land use applications like any other land use application. But here, township officials kept moving the goalposts by using ever-changing local requirements to effectively deny this religious community the same access as other faiths.”

“Today’s filing by the Department of Justice comes after a lengthy investigation that started in March. It addresses why Bernards Township denied our mosque application and it eviscerates the Township’s claim that the denial was based on legitimate land use issues. Our community deserves its own place to pray and we will ensure we get it by standing up for our constitutional rights in Court," said Dr. Ali Chaudry, the President of ISBR.

Before the NJDOJ suit, the Islamic Society had also filed its own lawsuit against the township in March over the denial to allow the construction of their mosque.

The Township at that time vigorously denied this claim and entered a defense.

"The Township maintains that thePlanning Board denial was based on legitimate land use and safety concerns which Plaintiffs refused, and to this day, refuse to address," the Bernards Township Committee stated in a release about the ISBR's suit.

Bernards Township's Planning Board had denied both the Islamic Society's preliminary and final site plan approvals for a number of reasons on Dec. 9, 2015 including:

• Not providing a satisfactory buffer between the project and residential properties;
• Problems with the internal circulation of the site, such as width of parking spaces and how drivers were to manuveur around the parking lot;
• Having a non-compliant storm water plan;
• And having insufficient access for fire and emergency vehicles.

In regards to the DOJ lawsuit, the township is claiming "the investigation is inappropriate at best and raises serious Constitutional issues."

The township claims the DOJ did not disclose to the Township the existence of a relationship between Plaintiff Mohammad Ali Chaudry and one of the lead DOJ investigators, Caroline Sadlowski, Chief of the Civil Division in the United States Attorneys Office for the District of New Jersey.

Bernards Township officials conducted an internet search where they learned Chaundry and Sadlowski have been serving together on a board at Drew University, the Center for Religious and Cultural Conflicts.

"The DOJ dismissed the Township’s concern as irrelevant to the investigation. The Township submitted requests under the Freedom of Information Act for any information or communications related to the Chaudry/Sadlowski relationship. The DOJ has repeatedly refused to provide any information," the town stated.

As a result the Township has requested a stay of the DOJ Complaint.

Persons who believe that they have been subjected to religious discrimination in land use or zoning may contact the Civil Rights Division’s Housing and Civil Enforcement Section at (800) 896-7743 or the District of New Jersey Civil Rights Complaint Hotline at (855) 281-3339.

More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.

Bridgewater

Bridgewater Township faced a similar issue with the Al Falah Center.

Al Falah had proposed building an Islamic mosque in at 1475 Mountain Top Road in Bridgewater, but was denied. The Center in turned sued the township in April 2011 claiming anti-Islamic attitudes as well.

The suit was settled in December 2014 when the township agreed to give Al Falah a 10.75 acre property on Route 202/206 along with a $5 million payment from the Township’s insurance carrier for alleged damages, costs and attorney fees.

(Photo by Becket Fund for Religious Liberty: Dr. Ali Chaudry in front of the Islamic Mosque plans)

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