By W. JACOB PERRY
New Jersey Hills
A federal lawsuit challenging the Planning Board’s denial of a proposed mosque drew legal support last week from two national advocacy groups representing 34 religious and civil rights organizations.
Meanwhile, the township initiated legal maneuvers with its insurance carrier to ensure maximum liability coverage.
The two advocacy groups joined the plaintiff, the Islamic Society of Basking Ridge (ISBR), in asserting that community prejudice against Muslims was behind the Planning Board’s Dec. 8 denial of the ISBR’s plan to build a mosque in a residential section of Liberty Corner.
The ISBR filed its suit against the board and the township in federal court on March 10, claiming the denial violated the Religious Land Use lnstitutionalized Persons Act (RLUIPA) of 2000.
The Becket Fund for Religious Liberty, a non-profit public interest law firm based in Washington, D.C., filed a supporting legal brief on Wednesday, May 11, on behalf of 18 civil rights and religious groups. The coalition included evangelical, Baptist, Jewish, Sikh and Islamic organizations.
Muslim Advocates, a legal and educational advocacy group based in San Francisco, followed with a legal brief on Thursday, May 12, on behalf of itself and 15 civil rights and religious groups. Among them were the American Civil Liberties Union (ACLU) and black, Jewish, Asian-American and Arab-American organizations.
The U.S. Attorney’s Office, District of New Jersey, is also investigating whether the township violated RLUIPA.
Differing Reactions
ISBR President Ali Chaudry, a former township mayor, issued statements of gratitude after each filing.
“I came to America almost 50 years ago with a firm belief in the values that America represents, including freedom of religion before the law,” Chaudry said after the Becket Fund filing. “The mosque is part of my American dream.”
After the Muslim Advocates filing, Chaudry said, “We are deeply moved to see this unprecedented and historic list of 34 organizations standing together to support ISBR and challenge the actions of Bernards Township. We look forward to the day when we can welcome them all to a mosque in Bernards Township.”
Mayor Carol Bianchi viewed the situation differently.
“The groups who seek to file amicus briefs know nothing about the facts of the case, as is evident from the absence of any reference to the specific land use issues before our Planning Board,” Bianchi said in a statement on Friday. “It is very disconcerting that organizations like these would jump into a controversy without any interest in the facts.
“It points out a real concern for me that, in America, laws intended to protect individuals against true discrimination are being abused, and organizations which purport to protect against discrimination are fostering division in our country,” she added.
Bianchi said the legislative history of RLUIPA “makes it clear it was meant to be a shield to protect against religious discrimination, not as a sword to bludgeon planning boards into approving flawed land use applications.”
The ISBR sought to raze a house on 4.3 acres at 124 Church St., located roughly opposite the Liberty Corner Firehouse, and build a 4,250-square-foot facility for up to 140 worshippers. There were to be 107 parking spaces.
At the time, houses of worship were a permitted use on residential tracts of three or more acres. But with the site located between two homes, and the mosque to have five daily prayers and a Sunday school, residents voiced concerns about the impact on their neighborhood.
After 38 hearings spanning more than three years, the plans were denied and faulted as failing to provide adequate buffering and screening next to a home, having inadequate storm water management plans, having an unsafe traffic circulation plan, and failing to meet traffic safety standards.
‘Misuse Of Power’
In their legal briefs, the Becket Fund and Muslim Advocates each linked the denial with acts of discrimination against various religious groups.
“It is a gross misuse of power by the local Planning Board to deny this house of worship simply because it is a mosque,” said Hannah Smith, senior counsel of the Becket Fund. “The town cannot arbitrarily apply different standards to any religious group … merely because protestors disapprove of religious beliefs that are new and different.”
The Becket brief singled out parking requirements that were applied to the ISBR.
Initially, the ISBR proposed 50 parking spaces based on a town requirement of one stall for every three pew seats. But after Chaudry testified that virtually all ISBR worshippers are adult men who presumably drive alone, the board, using planning standards for mosques, required 107 stalls.
The ISBR filed a motion on May 6 saying no other house of worship had ever been asked to provide more parking than the town requirement. It said that while the ordinance allowed the board to apply different standards, doing so based on religious affiliation was unconstitutional.
The Becket brief said “such unequal treatment of the mosque” represented “a potential threat” to other religions “and is an affront to our nation’s commitment to religious liberty for all.”
The brief filed by Muslim Advocates was similarly critical. It said applications by the Muslim community “are often denied on the basis of suspect studies and standards” that “are a mask for anti-Muslim discrimination.” It called the ISBR denial “the latest in a long line of animus-based zoning denial cases.”
“Sadly, this case represents the struggle Muslim communities across the nation are increasingly facing due to anti-Muslim bigotry,” said Madihha Ahussain, Muslim Advocate staff attorney.
Insurance Lawyers
In a related matter, the Township Committee voted on Tuesday, May 10, to hire legal counsel to deal with its insurance carrier on liability coverage for the suit and the U.S. Attorney’s investigation.
Michael Faul Jr. and Robert Donaher of Herold Law of Warren Township were hired for a fee of up to $17,500 through Dec. 31 at hourly rates of $195 for attorneys and $100 for clerks or paralegals.
Township Attorney John Belardo said the move was in response to a letter in which attorneys for the township’s insurer, QBE Specialty Insurance of New York, listed exclusions from coverage.
Faul and Donaher were hired to protect the township’s rights and ensure it is offered “the maximum amount of coverage allowed under the policy,” he said.
Belardo stressed that the lawyers will not be arguing the ISBR case, which is being handled by Roseland attorney Howard B. Mankoff on behalf of the insurer.
In another letter to the township, dated May 10, attorneys for QBE said it was willing “to participate in a potential mediation, in an effort to reach a global resolution to the claims asserted by the (ISBR) and Dr. Chaudry.”
Settlements with other towns involved in similar lawsuits have been sizable, including a case in neighboring Bridgewater Township after a proposed mosque was denied there.
In December 2014, Bridgewater reached a settlement with Al Fatah Center that cost $7.75 million. Al Fatah, which was denied approval to build a mosque on Mountaintop Road, was given a 15-acre tract between Routes 202-206 and 287 that Bridgewater agreed to buy for $2.75 million.
Also, Bridgewater’s insurer agreed to pay $5 million in damages.
Source: www.newjerseyhills.com
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