Township discriminating against Islamic group by rejecting request for mosque, lawsuit says

WASHTENAW COUNTY, MI — A Michigan Islamic group is suing Washtenaw County’s Lodi Township for allegedly violating federal law by not approving Muslim residents’ zoning requests for a place of worship.“It is very, very clear that what Lodi Township did, you cannot do by law,” said attorney Amy Doukoure, representing the Michigan chapter of the Council on American-Islamic Relations. “You cannot take a zoning scheme and make it impossible for a place of worship to [be built].”The council filed the lawsuit against Lodi Township, its board of trustees and its planning commission on behalf of Masjid Al-Farook, an Ann Arbor nonprofit, on June 20.It contends the township is depriving the nonprofit the right to freely exercise its religion and discriminating against Masjid Al-Farook because of its “religious character.” Between 20 and 30 members of an Islam community in Lodi Township have been forced to travel to Wayne County or elsewhere in Washtenaw County for religious observation, Doukoure said.The township’s conduct was “clearly influenced by sectarian opposition to the presence of an Islamic religious institution in the township,” the lawsuit argues and alleges the township has barred all non-Christian religious groups from building places of worship.Lodi Township Supervisor Jan Godek declined to comment on the lawsuit.The township’s current regulations do not permit any space for a religious institution without a request for rezoning, according to the lawsuit.Masjid Al-Farook filed for a rezoning application in 2021 for the development of a mosque at 2730 W. Ellsworth Road. The property, currently used for a residential home, is within the township’s agricultural district and the nonprofit does not have plans to modify the exterior of the existing structure, according to the lawsuit. Almost directly across the street is a moderate sized Christian church, the lawsuit states.There was no movement on the request in two years, so Masjid Al-Farook asked the request be brought before the Lodi Township Planning Commission in November 2023.The planning commission approved an amendment that allowed for religious uses in agricultural districts, which constitute a majority of the township, but the township board of trustees as not made any final decision on implementing the amendment or Masjid Al-Farook’s application for rezoning.The Board of Trustees repeatedly told her the amendment would be approved in the near future, but those promises were never fulfilled, Doukoure said.Since the township’s rezoning in 2019 to add a Public/Semi Services District, the board has approved only one request for rezoning due to religious reasons, the lawsuit states. That application was for the expansion of a pre-existing Christian church.The zoning ordinance treat the nonprofit on “less than equal terms with other religious and non-religious assemblies and institutions in Lodi Township,” the lawsuit says.“When the church wanted to expand, they had to do the same rezoning application. When they did that application, there was no question, no comment on what would happen if the church wasn’t here,” Doukoure said. “They only had that conversation when we asked for rezoning. I think that kind of speaks for itself.”The council alerted the United States Department of Justice and the department is investigating Lodi Township, Doukoure said.The lawsuit is filed under the First, Fifth and 14th Amendments. Doukoure said she is planning for a jury trial, but hopes the township fast tracks the amendment and the parties can reach a settlement.The last similar lawsuit that settled in the state of Michigan was for $1.5 million, Doukoure said.Doukoure said she believes her case is strong.“We’ve been trying to resolve this issue with the township for over seven months now and we have not been able to get it resolved,” Doukoure said. “We were unable to get relief for our client… and it’s been ongoing for almost three years at this point.”Want more Ann Arbor-area news? Bookmark the local Ann Arbor news page, the Ypsilanti-area news page or sign up for the free “3@3 Ann Arbor” daily newsletter.