Justice Department sues Des Plaines over rejection of Muslim center
The federal government filed suit Wednesday against the city of Des Plaines for refusing to approve a zoning change that would have allowed a Bosnian Islamic center to open.
The American Islamic Center had sought to convert two connected one-story office buildings at 1645 Birchwood Ave. into a prayer hall/community center. The group contracted to buy the property in February 2013 on the condition the city would adopt a zoning map amendment that would allow use of property for religious and educational activities.
But the city council voted 5-3 to reject the proposed zoning change in July 2013, with aldermen raising concerns about parking, the impact on traffic, and the loss of tax revenue.
The lawsuit, filed by the U.S. Department of Justice, contends 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.
The suit alleges Des Plaines violated the Religious Land Use and Institutionalized Persons Act of 2000. It calls for the city to grant approval to the worship center, as well as provide training to city staff on the federal law to prevent future violations.
"The ability to establish a place for collective worship is a fundamental protection of the First Amendment and our civil rights laws," Principal Deputy Assistant Attorney General Vanita Gupta of the Justice Department's Civil Rights Division said in a news release. "The Justice Department will remain vigilant in its mission to ensure that all religious groups enjoy the right to practice their faiths freely."
The city was within its rights in rejecting the request, Peter Friedman, the city's general counsel, said Wednesday afternoon.
"The city remains confident that it did not violate RLUIPA with regard to its denial of the rezoning request by AIC," he said.
The 1.8-acre site is located in a light industrial area on Des Plaines' southeast side and is currently zoned for manufacturing use. The office buildings were once occupied by Founders Insurance Co., but have remained vacant for more than three years.
As a result of the denial of the rezoning application, the American Islamic Center lost its contract to purchase the property, according to the suit.
The federal lawsuit comes at the same time a separate suit with similar allegations makes its way through the court system. It was filed by the American Islamic Center against the city two years ago.
Both sides in the earlier suit had completed the discovery process, and were expected to file motions for summary judgment in the next few weeks.
Now it's possible both cases could be consolidated and heard by the same federal judge.
Tony Peraica, an attorney for the American Islamic Center, couldn't be reached for comment.
The nonprofit religious organization is composed of some 180 members who came to the United States in the 1990s as refugees from war-torn Yugoslavia. Without a permanent worship space, the group has rented space from the Islamic Society of Northern Suburbs in Rolling Meadows and the Turkish American Society of Chicago Cultural Center in Mount Prospect.