The Council on American-Islamic Relations (CAIR) and the Islamic Society of Tulsa (IST) today held a news conference in Tulsa, Oklahoma, to announce the filing of a lawsuit against the City of Broken Arrow for illegally denying IST a rezoning application to construct a mosque in Broken Arrow.

That lawsuit reads in part: “The City of Broken Arrow violated IST’s constitutional and statutory rights to use their land for worship and to not be treated differently simply because of their faith. Having failed to meet its legal obligations, IST now seeks the Court’s intervention to compel the City to do so.”

The lawsuit alleges that the city violated the Religious Land Use and Institutionalized Persons Act (RLUIPA), the First and Fourteenth Amendments to the United States Constitution, and the Oklahoma Religious Freedom Act.

It asks the court to declare the city’s actions unlawful, to approve the project, and to grant compensatory and punitive damages.

“While we are disappointed that the City’s decision makes it necessary for us to take this action, we remain hopeful that a resolution can be found quickly which will allow us to construct our facility and serve the Broken Arrow community just as we have served our Tulsa neighbors for years,” said Syed Newaz, Board Chairman for IST. “Our vision has never been about changing Broken Arrow; it has been about serving families who already live here, providing a place to worship, educating our children, supporting local businesses, and contributing to the city alongside our neighbors.”

The City of Broken Arrow has not responded to this lawsuit as of yet, but met in executive session (closed to the public) Monday, August 3rd at 5 p.m. to discuss the Department of Justice’s investigation.  It received the Letter from the DOJ on July 17 in which the City of Broken Arrow was informed by the U.S. Department of Justice (DOJ) that it had opened an investigation into the city’s zoning and land use practices pursuant to the Religious Land Use and Institutionalized Persons Act of 2000.

In the Letter the DOJ asked for the following information and documents:

1. A current copy of the City of Broken Arrow zoning regulations, including the current zoning map, district use chart, and comprehensive plans, and copies of any other laws, codes, ordinances, future land use plans or regulations governing or relating to procedures and requirements for requests or applications to use, locate in, construct, or to restore, repair, expand, or otherwise alter, any structure within the City, or for rezoning or a zoning text or map amendment.
2. Copies of any previous or superseded zoning regulations or ordinances, or other laws, codes, ordinances, comprehensive plans, zoning maps, or regulations governing or relating to procedures and requirements for requests or applications to use, locate in, construct, or to restore, repair, expand, or otherwise alter, any structure within the City, or for rezoning or a zoning text or map amendment, that were in effect at any time from January 1, 2021 to the present, and copies of previous district use charts, or laws, ordinances, or codes amending the district use chart from January 1, 2021 to present.
3. Copies of the complete application file (including staff reports, memos, and all other documents generated or received by the City or its officials, employees, or agents) for all rezoning requests and conditional use permits for religious assembly uses or for secular places of assembly, including, but not limited to community centers, libraries, museums, indoor entertainment spaces, indoor recreation facilities, sports arenas, dance halls, daycares, mortuary and funeral homes, and schools, from January 1, 2021 to the present. For each such application, provide a statement describing whether each such application was approved or denied, the zoning district concerned, and the date of such approval or denial.
4. Copies of the complete application file (including staff reports, memos, and all other documents generated or received by the City or its officials, employees, or agents) for any rezoning requests or conditional use permits for The Property Event Center (located at 11500 S 129th E Avenue) and Walnut Grove Church (located at 11717 S 129th E Avenue). For each such application, provide a statement describing whether each such application was approved or denied, and the date of such approval or denial.