The township will allow the construction of a mosque in a Liberty Corner neighborhood as part of a settlement agreement signed Tuesday.
The settlement ends two federal religious discrimination lawsuits, one from the Justice Department and the other by the Islamic Society of Basking Ridge, filed against the township after it denied a plan to build the mosque.
The township will have to pay $3.25 million to the society and its legal firm, according to court documents provided by Adeel Mangi of New York City-based Patterson Belknap Webb & Tyler, who represented the society.
The society will receive $1.5 million for damages, with another $1.75 million going toward legal fees. Aside from a deductible, the financial side of the settlement will be paid by the township’s insurance companies, with no taxpayer funds used, according to a statement released by the township.
“Municipalities around the country should pay close attention to what happened in Bernards Township,” said Mangi, adding that his firm will donate its attorney’s fees to charity. “The American Muslim community has the legal resources, the allies and the determination to stand up for its constitutional rights in court and will do so.”
Bridgewater Township in 2014 paid $7.75 million to settle a lawsuit filed by The Al Falah Center after it was denied permission to build a mosque on Mountaintop Road. Under that settlement, the township also provided an alternate location for the construction of that mosque.
The Islamic Society is seeking to build the 4,252-square-foot mosque at 124 Church St. in Bernards Township on a 4.3-acre property located between two homes. It purchased the property for $750,000.
“We are very pleased by this resolution and hope to receive prompt approval to build our mosque,” said Mohammed Ali Chaudry, president of the society. “We look forward to welcoming people of all faiths and backgrounds to our mosque.
“Our doors will be open to anyone interested in building bridges to promote harmony in the community and peace in the world.”
The U.S. Department of Justice complaint alleged the township violated the Religious Land Use and Institutionalized Persons Act of 2000, which prohibits religious discrimination and protects against unjustified burdens on religious exercise, by amending its zoning ordinance in a manner that imposes unreasonable limitations on all religious assemblies.
The decision to accept the settlement “was not made lightly,” according to a statement from the township, which added it denies the claims made in the lawsuits that its decision was discriminatory. “Settling represents the most effective path forward to mitigate the financial risk of protracted litigation.”
A federal judgeon New Year’s Even ruled thatthe township’s insistence that the mosque have more parking spaces than churches or synagogueswas unconstitutional.
“Federal law requires towns to treat religious land use applications like any other land use application,” said Acting U.S. Attorney General William E. Fitzpatrick. “Bernards Township made decisions that treated the ISBR differently than other houses of worship. The settlement announced today corrects those decisions and ensures members of the religious community the same ability to practice their faith as all other religions.”
The township within four months will have to amend or replace an ordinance adopted in 2013 regarding standards for houses of worship and public and private schools that became a key talking point in the Justice Department’s lawsuit. Doing so does not constitute an admission that the ordinance was unconstitutional or illegal, according to the settlement, pointing out that any conditional requirements must be applied consistently to all applications.
The proposed mosque, which faced intense neighborhood opposition, went through 39 planning board meetingsbefore being rejected in December of 2015. Thefounders of the mosque then sued, claiming the township’s requirement of a “supersized” parking lot was an example of religious discrimination.
Many residents said the rejection of the application had to do with location and nothing to do with prejudice while speaking at a May 10 meeting where the Township Committee and Planning Board met behind closed doors to discuss the settlement.
In its statement released Tuesday, the township says it is a “diverse and inclusive community, where for years the ISBR congregation have practiced their religion along with their neighbors unimpeded, using township facilities at the Bernards Township Community Center and at Dunham Park.”
Chaudry was elected by township voters in the months after the Sept. 11, 2001, terror attacks, becoming the nation’s first Pakistani Muslim mayor.
“We remain a united township where all are welcome,” according to the statement. “This is the end of a long engagement on the application and opinions may still be varied, but it is in the best interest of the township to conclude the litigation.”
The township will train elected officials and appointed members of its planning and zoning boards, as well as staff, on the 2000 federal law, as part of its settlement with the Justice Department.
A public hearing will be scheduled to hear plans for the mosque, which have been revised as part of the settlement. That hearing, according to the settlement, will take place during a single meeting, even if it continues past midnight, public comment will be limited to five minutes and no statements about Islam or Muslims will be allowed, according to the settlement.
The society will submit revised plans that reflect a reduction in the number of parking spots in a paved lot from the township’s requirement of 107 to 50. The society agreed to designate an unpaved portion of the property to serve as overflow parking for up to 10 additional vehicles.
The committee and board voted on May 23 to accept the settlement. Details of the settlement were not made public at that time because it had not been signed by all parties.
The committee voted 4-to-1 to accept the settlement terms. The board voted 6 to 1 to accept the Islamic Society settlement and 5-to-2 to accept the Department of Justice settlement.