The Islamic Society of Tulsa plans to challenge Broken Arrow City Council’s decision to deny a rezoning request for a proposed mosque on the southwest side of town.
In a statement Thursday, the society said it was disappointed in the decision, and leaders are considering all options to reverse it. That includes a challenge under the Religious Land Use and Institutionalized Persons Act, which prohibits government bodies from imposing discriminatory or substantially burdensome land use regulations on religious institutions.
The society says it is also considering filing complaints with state and federal agencies that govern anti-discrimination in city zoning decisions. IST called the decision “incomprehensible” because the scaled-down version councilors rejected was developed through a series of meetings with city staff.
“In rejecting the IST application, the Council not only rejected the recommendation of its Planning Commission, but also the determination of City Management that the proposal met all requirements of the zoning variance and special use permit,” the society said.
The City of Broken Arrow disputed details of IST’s statement late Thursday. City officials say they didn’t see a scaled-down or revised version of the society’s proposal until shortly before the Monday council meeting.
“We recognize the disappointment expressed” by IST, the city said in a statement, adding its zoning and permitting processes are in compliance with laws protecting religious freedom. “The City Council carefully considered the application, including input from the Planning Commission, City staff, and public comments, before reaching its decision based on the facts presented.”
The city says a delegation from the society met with city staff Jan. 8 and considered changing the application to be in a different zoning category, but the society decided to stick with the original plan once they learned the zoning process would start over — and return to the planning commission for a second review.
IST has owned 15 acres along South Olive Avenue just south of the Creek Turnpike since 2014. The organization, which has congregated in Tulsa for nearly 50 years, hoped to expand with a new Islamic center in Broken Arrow — but their proposal was met with controversy and opposition from hundreds of residents.
While some opposition focused on infrastructure, such as sewer, stormwater detention and traffic issues, anti-Islamic sentiment has consistently appeared in public meetings and online debates.
“We appreciate that participation in the democratic process sometimes leads to disagreement; we are also, however, disappointed that fearmongering and misinformation dominated the discourse around our proposal and that the Islamophobic frenzy on social media may have had an impact on the Council’s decision to deny our application,” the society said.
The city’s statement says it “emphatically rejects” the society’s claim that Islamophobia played a role in its decision.
“That is simply not true,” the statement reads. “It is irresponsible conjecture stated by IST to satisfy its interpretation of the City Council’s decision.”
IST is facing a legal inquiry of its own, with Republican gubernatorial candidate and Oklahoma Attorney General Gentner Drummond launching an investigation into the project’s funding sources. State Rep. Gabe Woolley, R-Broken Arrow, also filed a bill to revive efforts to ban sharia law.
Those moves came before hundreds attended a Monday special council meeting at Northeastern State University’s Broken Arrow campus. After more than three hours of public comment, councilors voted 4-1 to reject the proposal, citing concerns about infrastructure and incompatibility with the city’s comprehensive plan.
About 45 speakers weighed in before the vote. More than a dozen spoke in support of it, but the majority was opposed.
“We sincerely hope that through further dialogue and advocacy, the City of Broken Arrow will not only reverse its decision but will take actions to combat the spread of Islamophobia and to welcome diverse residents into the community, ensuring that all residents are welcome in this beautiful city,” the society said.
In its statement, the city says the council decision was made due to infrastructural issues on the property.
“While we do not comment on the potential of threatened litigation, we remain open to ongoing productive dialogue with IST about the decision,” the city said.
This story has been updated with comment from the City of Broken Arrow.
News decisions at the Tulsa Flyer are made independently of our board members and financial supporters. Read more about our editorial independence policy here.
