A new mosque can be built in Horn Lake, Mississippi, after a Tuesday consent decree forced leaders there to approve plans for its construction.
Horn Lake planning board members and town aldermen denied the application to build Abraham House of God last year, claiming the building did not have an adequate sprinkler system. Those who sought permission to build the mosque said the decision was due to anti-Muslim bias.
In November, plaintiffs — Abraham House of God and Cemetery, Inc.; MR Property, LLC; Riyadh Elkhayyat; and Maher Abuirshaid — sued Horn Lake’s planning commission, its board of aldermen, and city mayor Allen Latimer. The group claimed city leaders discriminated against the project on the basis of religion, in violation of their rights under the Religious Land Use and Institutionalized Persons Act.
U.S. District Court Judge Michael Mills agreed, saying that their allegations were proven factually correct, they show “strong allegations of religious discrimination.”
Rather than challenging Mills’ decision, Horn Lake officials nullified their denial of the project and agreed to approve it by February 8th, and to act upon any further permits or applications for the project without delay.
The city of Horn Lake also has to pay $25,000 to the developer, MR Property, to cover costs associated with appealing the decision to the town council and to the state. The city will also have to pay all attorneys’ fees and court court costs.
“We are heartened and relieved that we are able to move ahead with our plans for a mosque in Horn Lake, which will provide a critical local house of worship for my family and other Muslims in the community to gather and practice our faith freely and without discrimination,” said Elkhayyat, co-founder of the Abraham House of God mosque.
The American Civil Liberties Union (ACLU), the ACLU of Mississippi (ACLU-MS), and Simpson Thacher & Bartlett LLP represented those involved in the mosque project.