Brennan Center for Justice

Summary

On April 26, 2011, the Al Falah Center brought suit against the Township of Bridgewater, N.J. to compel the township to allow Al Falah to move forward with plans to renovate an existing building for use as a mosque and Islamic community center. After years of searching for a site on which to establish a house of worship, day care, religious school and community center for the area, members of the Al Falah board identified a former banquet hall as an ideal location and worked with township officials to develop a suitable plan for renovation. After members of the local community voiced strident opposition to the project, the Township Council rushed through changes to the township’s zoning laws, transforming Al Falah’s proposed site into one on which houses of worship are not a permitted use. Though the Township cites concerns over traffic, documentation shows that Al Falah’s proposed plan will not adversely affect local traffic. On June 29, in an oral hearing, the judge denied the defendants’ motion to dismiss, ruling that Al Falah could proceed with its case. The New York Times wrote an editorial on the court's decision.

Background

• In January of 2011, the Al Falah center met with the planning board and town officials to discuss the proposed plan. Traffic was not flagged as an issue.
• On January 24, a public hearing about Al Falah’s site plan application was held. Due to record high attendance necessitating a larger venue, the hearing was adjourned until February 28^th. At the end of this aborted meeting, the Planning Board instructed the township planner to draft a “re-examination report” focusing on houses of worship, citing the public’s concerns over traffic.
• On February 8, the planning board adopted the re-examination report, which proposed changes that would require houses of worship, schools, and similar buildings to have access from specific roads, county roadways, or state highways. Al Falah’s proposed site is not on an approved road.
• On February 17, the Township Council approved a resolution to begin the process of amending the ordinance.
• On February 28, the postponed public hearing was held, but final approval of Al Falah’s application was again delayed due to time constraints and the overwhelming number of public comments and questions for Al Falah’s witnesses. A continuation of this hearing was scheduled for March 28.
• On March 14, the Township Council adopted the ordinance in a public hearing removing Al Falah’s land from the Township’s list of sites zoned for houses of worship. The accelerated pace of adopting the new ordinance allowed the Township to avoid the effects of  a New Jersey statute to take effect on May 5 that would require applications to be considered based on the ordinances in place at the time they were filed.
• On April 26, the Al Falah center brought suit alleging burdens on the free exercise of religion, discrimination and violations of state and federal statutes.
• In May and June, Al Falah and the defendants filed briefs with the court; Al Falah asked the court to issue a preliminary injunction declaring the offending ordinance void, prohibiting the Township from enforcing it, and directing the Township to reconsider its application, and the Township sought to dismiss Al Falah’s suit on the grounds that the plaintiffs were required to exhaust additional administrative aspects of the zoning and land use process.  
• On June 29, in an oral hearing, the judge denied the Township’s motion to dismiss the litigation, concluding that the litigation was ripe and could move forward.  Litigation has proceeded since that time.  

Arguments Presented

The complaint, filed in federal district court in New Jersey, alleges that the new zoning ordinance discriminates against the area’s Muslim community and violates their federal constitutional rights under the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. A number of federal and state statutory claims are also alleged in the complaint, including multiple violations of New Jersey municipal land use laws and the Religious Land Use and Institutionalized Persons Act of 2000. 

Counsel

Al Falah is represented by Archer & Greiner, the Asian American Legal Defense and Education Fund, the Brennan Center for Justice, and its pro bono partner Arnold & Porter, LLP, which is lead counsel. 

Other Case Documents

Initial Complaint (04/26/11)

Motion for Preliminary Injunction (05/18/11)

Defendant's Motion to Dismiss (06/03/11)

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