Days after the U.S. Department of Justice launched an investigation into Broken Arrow’s January denial of a proposed mosque, the Islamic Society of Tulsa said it plans to file its own suit against the city.
Attorneys from the Muslim advocacy group Council on American-Islamic Relations said Sunday they will host a joint press conference Monday with the Islamic Society of Tulsa to announce the filing. The event will be livestreamed on the society’s Facebook page.
That same day, Broken Arrow councilors are expected to vote on a contract for legal services on the DOJ investigation and other litigation related to the mosque proposal. If approved during the 6:30 p.m. council meeting, the Atlanta-based law firm Troutman Pepper Locke would be paid $925 per hour for its work.
Both actions come amid a flurry of activity in the case over the past week, including the publication of a Flyer investigation into how councilors responded to hundreds of communications regarding the mosque.
Broken Arrow councilors said their decision was solely based on land use concerns, including issues like traffic congestion, water quality, flooding and compatibility with the city’s comprehensive plan. The Flyer found at least two elected officials agreed with anti-Islamic rhetoric in their inboxes before the proposal was denied 4-1.
Oklahoma Attorney General Gentner Drummond has also weighed in, asking President Trump and the DOJ to halt the investigation. Drummond, who’s running for governor, called the investigation “federal overreach of the first order.”
Federal investigators are examining whether city zoning practices meet the requirements of the Religious Land Use and Institutionalized Persons Act of 2000.
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.
Under the law, the DOJ can open investigations, bring lawsuits to enforce the statute, file briefings in private lawsuits and seek court orders to correct violations. The department cannot seek monetary relief.
Organizations like the Islamic Society of Tulsa are also entitled to file lawsuits alleging violations of the 2000 law. Shortly after their proposal to build a mosque and commercial complex was denied in January, leaders said they were exploring legal action against the city.
The society has owned 15 acres along South Olive Avenue just south of the Creek Turnpike since 2014. Its proposal earned planning commission approval with a 3-2 vote last December. Following a social media frenzy that generated hundreds of anti-Islamic comments, more than 1,000 people attended a Jan. 12 meeting on the proposal.
A spokesperson for Broken Arrow previously said the city is cooperating with federal investigators and will not offer further comment on the matter. Councilors are expected to privately discuss litigation related to the mosque proposal in executive session beginning at 5:30 p.m. Monday.
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