The U.S. Justice Department has sued the city of Des Plaines Wednesday alleging the northwest suburb violated federal law by refusing to allow an Islamic group to operate a place of worship in a vacant office building.
The suit, filed in U.S. District Court in Chicago, argues that Des Plaines discriminated against the American Islamic Center, a Bosnian Muslim congregation, when it refused to grant a rezoning request to allow the center to set up a place of worship in 2013.
The city imposed parking standards and other zoning criteria that were not supported under its zoning ordinance and that had never been imposed on non-Islamic places of worship, according to the suit.
“The freedom to practice the religion of one’s choosing is a precious right in our country,” U.S. Attorney Zachary Fardon said in a news release.
The American Islamic Center has about 180 members, most of whom came to the United States in the 1990s as refugees from war-torn Yugoslavia, according to the lawsuit.
In February 2013, AIC entered into a contract to purchase property at 1645 Birchwood Ave. in Des Plaines. The contract to purchase the property was contingent upon rezoning it to allow its use as an institutional place of worship.
During a hearing on the rezoning request in July 2013, one alderman “repeatedly asked AIC members where they came from” and later “suggested they stay in Northbrook, or consider relocating to other communities” besides Des Plaines, federal officials alleged in the suit.
In denying the request, the city’s aldermen said allowing any house of worship in an industrial park would endanger pedestrians and impede neighboring manufacturers.
"I don't care if they're Catholic, Jewish, Muslim, whatever. It's not zoned for that particular area," Ald. Mark Walsten said at the time. "Whenever there are children involved in an industrial area, I will not have that on my conscience."
But the lawsuit filed by the Justice Department noted that in 2011, the council voted to allow Play Ball USA, an indoor baseball training center for children and young adults in an area “surrounded on all sides” by manufacturing, including a die-cutting business, a liquor distributor, and a maker of industrial rubber and steel rollers.
“The city made no finding that the use by Play Ball USA would present a safety issue for children or others, or that it would disrupt the operation of surrounding businesses,” the lawsuit stated.
Shortly after the council denied the request the center filed its own lawsuit contending their religious rights were violated.
"We are not happy that we have to file this lawsuit," Imam Senad Agic told the Tribune at the time. "We are hoping the City Council of Des Plaines would understand our religious needs."
The suit filed by the center is pending before U.S. District Judge Matthew Kennelly, records show.
Jennifer Hill, an attorney representing the center, issued a statement Wednesday saying they were “confident that with the government’s intervention the city of Des Plaines will reevaluate and seriously consider all religious rights.”
http://www.chicagotribune.com/news/...or-barring-islamic-center-20150930-story.html
The suit, filed in U.S. District Court in Chicago, argues that Des Plaines discriminated against the American Islamic Center, a Bosnian Muslim congregation, when it refused to grant a rezoning request to allow the center to set up a place of worship in 2013.
The city imposed parking standards and other zoning criteria that were not supported under its zoning ordinance and that had never been imposed on non-Islamic places of worship, according to the suit.
“The freedom to practice the religion of one’s choosing is a precious right in our country,” U.S. Attorney Zachary Fardon said in a news release.
The American Islamic Center has about 180 members, most of whom came to the United States in the 1990s as refugees from war-torn Yugoslavia, according to the lawsuit.
In February 2013, AIC entered into a contract to purchase property at 1645 Birchwood Ave. in Des Plaines. The contract to purchase the property was contingent upon rezoning it to allow its use as an institutional place of worship.
During a hearing on the rezoning request in July 2013, one alderman “repeatedly asked AIC members where they came from” and later “suggested they stay in Northbrook, or consider relocating to other communities” besides Des Plaines, federal officials alleged in the suit.
In denying the request, the city’s aldermen said allowing any house of worship in an industrial park would endanger pedestrians and impede neighboring manufacturers.
"I don't care if they're Catholic, Jewish, Muslim, whatever. It's not zoned for that particular area," Ald. Mark Walsten said at the time. "Whenever there are children involved in an industrial area, I will not have that on my conscience."
But the lawsuit filed by the Justice Department noted that in 2011, the council voted to allow Play Ball USA, an indoor baseball training center for children and young adults in an area “surrounded on all sides” by manufacturing, including a die-cutting business, a liquor distributor, and a maker of industrial rubber and steel rollers.
“The city made no finding that the use by Play Ball USA would present a safety issue for children or others, or that it would disrupt the operation of surrounding businesses,” the lawsuit stated.
Shortly after the council denied the request the center filed its own lawsuit contending their religious rights were violated.
"We are not happy that we have to file this lawsuit," Imam Senad Agic told the Tribune at the time. "We are hoping the City Council of Des Plaines would understand our religious needs."
The suit filed by the center is pending before U.S. District Judge Matthew Kennelly, records show.
Jennifer Hill, an attorney representing the center, issued a statement Wednesday saying they were “confident that with the government’s intervention the city of Des Plaines will reevaluate and seriously consider all religious rights.”
http://www.chicagotribune.com/news/...or-barring-islamic-center-20150930-story.html
