By Paris Rain, FOX23.com News Staff
BROKEN ARROW, Okla. — Leaders with the Islamic Society of Tulsa and attorneys with the Council on American-Islamic Relations (CAIR) announced Monday they have filed a federal lawsuit against the City of Broken Arrow, alleging religious discrimination after the city council denied a rezoning request for a proposed mosque and community center earlier this year.
The lawsuit challenges the Broken Arrow City Council’s January decision to deny the Islamic Society of Tulsa’s request to rezone property near East 121st Street South and South 129th East Avenue.
The proposed development included a mosque, community center, retail space and a food pantry.
During a Monday news conference, leaders with the Islamic Society of Tulsa and CAIR argued the council’s decision was motivated by discrimination rather than legitimate zoning concerns.
“This has never been about causing division,” said Syed Newaz, chairman of the Islamic Society of Tulsa. “Rather, it has always been about ensuring that every community receives fair and equal treatment. We firmly believe that every American should have the same chance to worship freely and be treated with dignity, respect and fairness.”
The lawsuit was filed under the Religious Land Use and Institutionalized Persons Act of 2000, a federal law that protects religious organizations from discriminatory land-use regulations.
Aslam Syed, the Islamic Society of Tulsa’s Broken Arrow project lead, said the organization purchased the property in 2014 with the intention of eventually building a mosque. He said the need for a second location grew in recent years as the Muslim population in the Tulsa metro expanded, citing the arrival of hundreds of Afghan refugee families and continued population growth following the COVID-19 pandemic.
According to Syed, the society’s existing Tulsa facility now exceeds its capacity despite adding additional Friday prayer services.
“We chose the latter not because we seek conflict or division, and certainly not because we want to be in litigation with our neighbors or our city,” Syed said, referring to the decision to file suit. “We are here because courts exist to ensure the law is applied fairly, that constitutional rights are protected, and that all people are treated equally.”
Syed also said the city’s planning staff and Planning Commission recommended approval before the proposal reached the city council.
He argued similar developments have been approved despite concerns over traffic, infrastructure and growth.
“If concerns such as traffic congestion, sewer capacity, growth and impact on surrounding areas can be addressed for other developments, then we believe our application deserves the same fair consideration,” Syed said.
CAIR staff attorney Meghan Murphy said the lawsuit seeks equal treatment for the Islamic Society of Tulsa under the city’s development process.
“This lawsuit seeks only to right the wrongs that were done by the City of Broken Arrow,” Murphy said. “It seeks only what every other person and group in Broken Arrow has received — fair treatment in the land development process.”
CAIR also said it documented 17 incidents targeting Islamic houses of worship nationwide during May, June and July, citing what the organization described as a broader increase in anti-Muslim incidents.