Lilburn, which recently approved a local Muslim congregation's request to expand its worship center after two years of resistance, has reached a settlement with the Justice Department in a related federal discrimination case.
The DOJ on Friday filed a complaint against Lilburn, formally alleging that the city violated federal law by twice rejecting Dar-E-Abbas' requests for rezoning to build a mosque. The complaint is merely part of the formal investigation, which will end Monday when city and federal officials reach a final agreement.
“The city’s denials of the rezoning applications were based on the religious bias of city officials and to appease members of the public who opposed the construction of a mosque because of religious bias,” said a press release from the DOJ.
Federal officials notified Lilburn in June of their intention to file a lawsuit for violations of the Religious Land Use and Institutionalized Persons Act. Since then, department officials and city leaders have been negotiating a settlement.
Under pressure from the DOJ, the Lilburn City Council finally approved Dar-E-Abbas' request to expand its worship center, on Aug. 16. The decision enables Dar-E-Abbas -- which had its most recent request denied by the council in December -- to build a 20,000-square-foot center at Lawrenceville Highway and Hood Road.
Dar-E-Abbas members said they need more room to accommodate their growing membership, which increased from 20 families in 1998 to about 90 today.
"Under federal law, cities may not use their zoning laws to discriminate against religious groups seeking to build places of worship," said Thomas E. Perez, assistant attorney general for the DOJ's Civil Rights Division. "The department acknowledges and commends the city’s decision to ultimately approve the rezoning."
Lilburn's agreement with the DOJ will require that the city not impose different zoning and building requirements on other houses of worship; that city officials attend training on the requirements of the law; and that the city adopt new procedures that clarify its appeals process for religious groups. Lilburn officials also will report periodically to the agency.
Lilburn Mayor Diana Preston and City Manager Bill Johnsa were not immediately available for comment Friday. Council member Scott Batterton, who has supported Dar-E-Abbas' applications in previous votes, said he would comment Monday after the consent decree was filed.
The DOJ's investigation is part of a renewed commitment to enforce an 11-year-old federal law prohibiting local authorities from imposing "a substantial burden" on religious groups or treating them "on less than equal terms" than other groups in land-use decisions.
However, a number of local opponents remained frustrated that their resistance to the mosque was pegged as religious intolerance rather than a zoning complaint.
"The Justice Department has failed the citizens of Lilburn and America," said Angel Alonso, a Hood Road resident who has been among the mosque's most vocal opponents. "They did not even investigate whether our civil rights were violated."
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