The U.S. Department of Justice has issued a statement in support of Muslim community members suing the Town of Oyster Bay for alleged religious discrimination. The lawsuit claims that the town violated the Religious Land Use and Institutionalized Persons Act by denying plans to expand a mosque, imposing stricter land-use requirements than those for secular entities. The DOJ's statement emphasizes that the treatment of MOLI, which compares unfavorably to secular establishments, is unjustified. A preliminary injunction hearing is scheduled for May 15, where the plaintiffs will seek to proceed with construction.
MOLI is treated less favorably than comparable secular uses such as theaters, libraries, and museums, and the Town cannot and does not show that such unequal treatment is justified.
The DOJ's Statement of Interest underscores the fundamental principle that religious freedom must be protected equally, and that municipalities cannot impose burdens on houses of worship that they do not impose on secular entities.
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