Mosque official may get jail time for not complying with order

The Atlanta Journal-Constitution

Wednesday, December 03, 2008

The court is out of patience with the Al-Hedaya Islamic Center, which has not complied with an order issued in September.

Marietta Municipal Court Judge Roger Rozen ordered the mosque in September to remove additions that violated its zoning status. The court gave the mosque at 968 Powder Springs St. until Oct. 30 to comply.

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That deadline has been extended more than once. Mosque official Mohammed Raza even served one day of a 120-day jail sentence for the Islamic Center’s lack of compliance. His sentence was suspended when the judge granted yet another extension.

The mosque still was not in compliance when Raza appeared in court Wednesday, the latest deadline.

“At this point I have put my foot down, and Mr. Raza can go to jail,” said Marietta Municipal Court Solicitor Robert Donovan. “I have lost my patience.”

“I wish it had not been dragged out so long,” said Brian Binzer, head of Marietta’s Development Services department. City employees inspected demolition progress at the mosque just before Wednesday’s court hearing.

“Basically, they still had a lot of items they had not fixed yet,” Binzer said.

In court Wednesday, Judge Rozen found “that the terms of the suspended sentence have been violated…”, according to the amended order of revocation.

If the mosque does not comply with the order to return the building to its original footprint by the Dec. 10 deadline, Raza is ordered to report to the Marietta Police Department to serve out the balance of his jail sentence which could become 12 months.

The mosque has removed a front addition and two columns at the driveway of the facility. Mosque spokesman A.J. Rehmani has said the group is reluctant to tear down a rear addition because doing so would desecrate what has been used as a place of worship.

To fully comply with the September order, the mosque must remove the rear addition to the building that once was a single-family residence.

The city and the solicitor agree the mosque can retain a 15-by-30-foot deck that replicates the original. “As a practical matter, we’re giving the mosque their due, which is only fair,” Donovan said.

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