CHICAGO A group of Muslims has sued the city of Palos Heights,
alleging that the Chicago suburb's city council conspired to foil its plan to
convert a vacating Christian church into a mosque.
The lawsuit, filed July 28 in U.S. District Court in Chicago, accuses
the city council of everything from constitutional violations to religious
discrimination to breach of contract.
The legal action stems from the council's plan to pay the Al Salam
Mosque Foundation $200,000 to drop its mosque plan. The foundation had agreed
to take the money but the plan fell apart last month when Palos Heights Mayor
Dean Koldenhoven vetoed the payout, saying "government has no place in this
issue."
Now the foundation is seeking more than $3.5 million in damages in its
suit.
Among other things, the lawsuit states that the foundation has
"suffered violations of its members' constitutional rights." The lawsuit also
claims that, based on the Religious Freedom Restoration Act, the actions by the
city have "burdened the plaintiff and its members from the free exercise of
religion."
The breach of contract claim stems from reneging on the $200,000
offer.
Rouhy Shalabi, the mosque foundation's lawyer, said his group had to
chose between walking away from its plans to build a mosque or taking a stand
against religious bigotry.
"The lawsuit that was filed clearly speaks to the fact that this was
an action against Muslims and it will not be tolerated," Shalabi said at a news
conference in suburban Oak Lawn. "This is to send a message that the Muslim
community will not be discriminated against and walk away."
The issue has divided the City Council and residents in this mostly
Christian town of about 12,000 people. There are approximately 450 Muslim
families living here.
The mayor had called the $200,000 offer "an insult" to those families,
many of whom are Arab-Americans.
But four aldermen, including Jim Murphy, insisted they offered the
payment so the city could buy the church and convert it into much-needed
recreation space.
Murphy blamed the mayor for the lawsuit.
"I think the Al Salam Mosque Foundation has acted honorably. I regret
and apologize for some of the statements of the residents of Palos Heights,"
Murphy said on July 28. "However, this could've been stopped back in 1997 when
the mayor became aware that this property was for sale ... but never shared
that information."
The Council of Islamic Organizations of Greater Chicago had no comment
on the lawsuit but did have kind words for the Christian clergy and residents
who have supported the foundation's mosque plan.
"We commend all those individuals within and outside Palos Heights who
have spoken and stood up in support of the religious rights of Muslims to
associated and worship freely in that community," the council said in a
statement.
The council also said it hoped the foundation would be able to buy the
church and establish its place of worship in Palos Heights.
Alderman Jim Donnick, who has sided with the mayor, referred questions
about the lawsuit to the city's attorney, who did not return a phone call
seeking comment. The mayor also did not return messages seeking comment.