St. Anthony Village, RLUIPA Violation, Minnesota 2012

St. Anthony Village, Minnesota has agreed to settle a lawsuit with Abu Huraira Islamic Center, resolving allegations that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

According to a recent agreement, the city will allow Abu Huraira Islamic Center to use the basement of the St. Anthony Business Center for religious assembly. The agreement, which must still be approved by the Saint Anthony City Council and a federal district judge in Minneapolis, will resolve the lawsuit filed in August 2014 by the United States against the City of St. Anthony Village.

Abu Huraira Islamic Center had applied for a conditional use permit (CUP) in June 2012, but the city denied the request. The congregation alleged that the denial imposed a substantial burden on their exercise of religious worship and unlawfully disfavored a religious use.

The United States specifically alleged that the denial of the conditional use permit substantially burdened members of Abu Huraira in practicing their faith. Members in the northern Twin Cities were burdened from praying together based on the length of time to travel to worship centers in south Minneapolis. Prayer space at locations in south Minneapolis were too small to accommodate members, many of whom often prayed in hallways or entryways, and prayer sessions were held in shifts to accommodate crowds.

As part of the agreement, the city has agreed to create a Planned Use Development (PUD) at the property in question. The PUD will allow Abu Huraira to use the St. Anthony Business Center for religious worship. The agreed-upon language also stipulates that the city of St. Anthony Village will not treat Abu Huraira or any other religious groups in a discriminatory manner by application of its zoning laws.

The city of St. Anthony Village will also make RLUIPA information available to the public through its website and will report periodically to the Justice Department. Elected leaders, managers, and certain city employees will participate in educational training about requirements of RLUIPA.

The United States filed a lawsuit in August 2014 to enforce Abu Huraira Islamic Center’s constitutional rights under RLUIPA and require the city of St. Anthony Village to allow Abu Huraira’s religious assembly. The city has agreed to settle the lawsuit and resolve the allegations of RLUIPA violation.

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