City Council approves civil rights settlement in mosque case

With comments ranging from reconciled to resentful, the St. Anthony City Council unanimously approved a legal settlement of a civil rights lawsuit Tuesday night, a first step in allowing the city's first mosque and Islamic center.

The U.S. Department of Justice and the Abu-Huraira Islamic Center sued after the council rejected the mosque's 2012 application by a 4-1 vote.

The city was accused of violating the federal Religious Land Use and Institutionalized Persons Act. But city officials have insisted that they initially rejected the bid for an Islamic center in the basement of the old Medtronic headquarters because the complex was zoned light industrial and designed to be an "economic engine."

Two council members said Tuesday that the suburb of 8,300 relented because it couldn't compete with the resources of the federal government. And all five council members balked at suggestions the initial rejection was motivated by prejudice and stressed that they believe the Muslim community should be welcomed.

St. Anthony Mayor Jerry Faust, who announced the deal with U.S. Attorney Andrew Luger and the Islamic center earlier this month, struck the most conciliatory tone.

"As we move forward with this, regardless of your religion or ethnicity, this really is a time throughout the world where we should reach out to each other," Faust said.

" … My suspicion is when we get to the bottom line, everyone has the same thing in mind — the freedom to worship their God, to raise their family, make a living and practice the freedom this country has given us.

About two dozen people sat in the audience. Only one person chose to publicly comment, speaking in support of the mosque.

St. Anthony City Attorney Jay Lindgren explained the settlement before the voice vote. About 10 percent of the 100,000-square-foot building owned by the Islamic center at 3055 Old Hwy. 8 will be used for religious purposes, including worship space and Sunday school-style classrooms. The remainder will continue to be leased out to businesses, some of them Muslim-owned. The Islamic center will go through a planned unit development application with the City Council, which is expected to give its final approval in February. The city also will pay $200,000 in legal fees accrued by the Islamic center, with the city's insurance covering three-quarters of the bill.

"Is it ever OK to discriminate against anyone for their religion? No. You would get the same answer from any one of us sitting up here tonight," said Council Member Hal Gray. "The bottom line is, it was a land-use issue. We had a difference of opinion about the law. Land use — nothing else. … This is a good solution."

Council Member Randy Stille expressed the most frustration about the settlement. Stille said religious uses seemed incompatible in an area zoned as light industrial.

"To fight this case, no matter how right we are, it would be costly and it would be without a sure outcome," Stille said. "The common theme with most RLUIPA [Religious Land Use and Institutionalized Persons Act] cases is small cities don't have the resources to fight the unlimited resources of the federal government. For the good of the community, I will reluctantly support the resolution."

Jim Roth, the only council member who voted in favor of the mosque in 2012, had an "I-told-you-so" moment.

"Had I been able to convince two other council members to vote with me, it would have caused no loss to the city financially," he said. "From the information given to me, I thought we were in clear violation."