DOJ Investigates Broken Arrow Mosque Zoning Decision

DOJ Investigates Broken Arrow Mosque Zoning Decision

The Broken Arrow mosque investigation is now in the hands of the U.S. Department of Justice after federal officials opened a review into whether the city's zoning practices unlawfully discriminated against a proposed Islamic house of worship.

The investigation follows the Broken Arrow City Council's January vote denying the Islamic Society of Tulsa's request to build a mosque and retail center, a decision that prompted allegations the city may have violated federal religious land use protections.

Broken Arrow Mosque Investigation Focuses On Federal Religious Protections

In a letter dated July 17, the U.S. Department of Justice notified Broken Arrow officials that it has opened a preliminary investigation into the city's zoning requirements for houses of worship and its denial of the Islamic Society of Tulsa's application.

Federal investigators will determine whether the city's actions comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law that protects religious organizations from discriminatory land-use regulations.

The Islamic Society of Tulsa has owned approximately 15 acres along South Olive Avenue, just south of the Creek Turnpike, since 2014 and sought approval to construct a mosque and accompanying retail center on the property.

According to the Department of Justice, the investigation remains preliminary, and no determination has been made regarding whether Broken Arrow violated federal law.

Federal Investigators Seeking Records And Communications

As part of the investigation, the Department of Justice has directed city officials to preserve records that could be relevant to the case.

Investigators are requesting copies of the mosque's zoning application, records involving other nearby rezoning requests—including The Property Event Center and Walnut Grove Church—along with communications involving city officials related to the proposal.

The federal inquiry also seeks communications connected to organizers of a January meeting opposing the mosque proposal and communications associated with the BA Buzz Facebook page operated by Mayor Debra Wimpee.

Under RLUIPA, the Department of Justice may investigate complaints, file lawsuits to enforce the law and seek court orders requiring compliance if violations are found. The law, however, does not authorize the federal government to seek monetary damages.

City Cooperating As Investigation Continues

Broken Arrow officials announced Tuesday they are cooperating with the federal investigation.

City spokesperson Aaron McColloch said city council members and administrators are fully engaged with the Department of Justice but will not comment further while the investigation remains ongoing.

Following the City Council's 4-1 vote denying the mosque proposal, leaders with the Islamic Society of Tulsa said they began exploring potential legal action, including possible claims under RLUIPA.

In a statement released Tuesday, Islamic Society Chairman Syed Newaz welcomed the federal investigation, saying the organization believes the denial prevented its community from building a house of worship in violation of federal law.

The Broken Arrow City Council is expected to discuss the Department of Justice investigation during an executive session scheduled for Aug. 3. Executive sessions are closed to the public.

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