The U.S. Department of Justice has launched an investigation into how Broken Arrow’s zoning laws treat religious land uses following the city council’s January rejection of an application to build a mosque in the city.
Broken Arrow officials were informed of the investigation in a July 17 letter, the city announced Tuesday. City councilors and administrators “are fully engaged” with the DOJ in its investigation and will not offer further comment on the matter, city spokesperson Aaron McColloch wrote.
In the letter, DOJ official Carrie Pagnucco wrote that federal investigators will review Broken Arrow’s zoning requirements for houses of worship as well as the city’s denial of the Islamic Society of Tulsa’s request to build a mosque and retail center. The society has owned 15 acres along South Olive Avenue just south of the Creek Turnpike since 2014.
The zoning laws will be reviewed to ensure they meet the requirements of the Religious Land Use and Institutionalized Persons Act of 2000, Pagnucco said.
That law prohibits land use regulations that impose a substantial burden on religious exercise; treat religious institutions differently than nonreligious institutions; discriminate against religious entities on the basis of religion; or totally exclude religious institutions within a jurisdiction.
“Our investigation is preliminary in nature, and we have not made any determination as to whether there has been a violation of RLUIPA by the City,” Pagnucco, chief of the department’s housing and civil enforcement section, wrote.
Following the 4-1 denial, Islamic Society of Tulsa leaders said they were exploring legal action against the city — including potential violations of the Religious Land Use and Institutionalized Persons Act. The organization has not filed a lawsuit, and leaders told the Flyer June 30 they were still exploring their options.
“IST welcomes the federal government’s decision to investigate the clear violation of law that prevented our community from building a house of worship,” said Islamic Society Chairman Syed Newaz in a statement Tuesday morning.
The DOJ is asking city officials to maintain all records, documents, files and tapes that could be relevant to the investigation. Those include copies of the Islamic Society’s zoning application and copies of rezoning applications for nearby properties, including The Property Event Center and Walnut Grove Church.
Investigators are also seeking communications involving city officials, including with organizers of a Jan. 6 mosque opposition meeting and communications through the BA Buzz Facebook page operated by Mayor Debra Wimpee.They could interview city employees, agents or officials in the near future as well, Pagnucco wrote.
Under the law, the DOJ can review complaints submitted by the public, open investigations, bring lawsuits to enforce the statute and seek court orders to correct violations. It cannot seek monetary relief.
City councilors will meet at 5:30 p.m. Aug. 3 to discuss the investigation during their executive session, McColloch wrote in the Tuesday statement. Executive sessions are not open to the public.
This story is developing and may be updated with more information.
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