Federal lawsuit says city treated proposed mosque differently than churches and other developments
BROKEN ARROW — The Islamic Society of Tulsa has filed a federal lawsuit against the City of Broken Arrow, alleging the city illegally blocked plans for a mosque and Islamic community center after approving similar projects for churches and other developments.
The lawsuit, filed Monday in the U.S. District Court for the Northern District of Oklahoma, names the city along with Mayor Debra Wimpee and City Council members David Pickel, Justin Green and Lisa Ford. The Islamic Society is asking the court to overturn the city’s decision, allow the project to move forward and award damages and attorney fees.
The case stems from the City Council’s Jan. 12 vote rejecting plans for a mosque and community center on about 15 acres near Olive Avenue and the Creek Turnpike. The proposal had received approval recommendations from both city staff and the planning commission.
The lawsuit comes as the U.S. Department of Justice investigates whether Broken Arrow violated the Religious Land Use and Institutionalized Persons Act, or RLUIPA, when it denied the applications. The federal law prohibits local governments from discriminating against religious institutions through zoning and land-use decisions.
Last week, Oklahoma Attorney General Gentner Drummond asked the Trump administration to halt that investigation, arguing it amounted to federal interference in a local zoning matter. The Islamic Society opposed that request, urging the Justice Department to continue its review.
At the heart of the lawsuit is the Islamic Society’s claim that city leaders changed the rules when its proposal reached the City Council.
According to the complaint, Broken Arrow approved other projects with similar traffic, infrastructure and land-use questions — including churches, housing developments and commercial projects — but denied the mosque instead. The lawsuit says city officials also disregarded recommendations from planning staff and the Planning Commission that the applications be approved.
The complaint also alleges city officials failed to follow their own zoning procedures by voting on the rezoning request and conditional use permit together and by failing to provide the detailed written findings required after denying the applications.
The lawsuit points to email exchanges between some council members and residents opposed to the mosque, alleging they show religious bias influenced the council’s decision. Among the examples cited are emails in which Mayor Wimpee allegedly told residents she shared “the very same concerns” about the proposal and another in which Ford allegedly replied, “I agree with everything you pointed out” to an email opposing the project.
The lawsuit asks the court to declare the city’s actions unlawful, prevent enforcement of the council’s denial and award damages, attorney fees and other relief.
The city had not filed a response to the lawsuit as of Tuesday morning.
