Township: Give Up the Fight Against Mosque Construction | New Jersey Law Journal

Township: Give Up the Fight Against Mosque Construction | New Jersey Law Journal
by the Editorial Board

When the Islamic Society of Basking Ridge sought approval to build a mosque, it faced unusual opposition. The Township of Bernards had an ordinance which established a 3-to-1 parking ratio for "churches, auditoriums and theaters." Applications by Jewish and Baptist congregations had been approved in a routine way. The Baptist church was approved even though the plan called for 157 parking spaces, not the 384 required by the parking ordinance. But the board declared that a mosque is not a church. It demanded many more parking spaces. The Islamic Society agreed to more than double the parking spaces, from 50 to 107, for a hall designed to accommodate 150 worshipers. After 39 meetings over three-and-a-half years, the township rejected the Islamic Society's application.

The Islamic Society, supported by numerous amici, challenged the decision under the Religious Land Use and Institutionalized Persons Act (RLUIPA).

In a comprehensive opinion, U.S. District Judge Michael Shipp of the District of New Jersey found, inter alia, that the parking ordinance as construed and applied by the defendants—applicable to churches and synagogues, but not to mosques—violated the nondiscrimination provision of the RLUIPA. The Islamic Society of Basking Ridge, et al v. Township of Bernards, et al, civil action No. 16-1369 (Dec. 31, 2016).