ATLANTA,None — Channel 2 Action News has learned that a mosque controversy in Gwinnett County is now the focus of a federal civil rights investigation.
Channel 2 investigative reporter Mark Winne confirmed that the U.S. Department of Justice Civil Rights Division is investigating the city of Lilburn's treatment of a local mosque seeking to expand.
The mosque filed a federal civil lawsuit that alleges the city of Lilburn discriminated against the mosque when the city denied the mosque's request for expansion.
The federal lawsuit reads:
"The Five Acre Restriction on its face discriminates against Plaintiff on the basis of religion. Defendants had no constitutionally reasonable basis for their refusal to approve the Applications."
The Lilburn City Council voted several times to deny the Dar-e Abbas Shia Islamic Center's applications for a rezoning and special use permit that would allow the mosque to move to a larger property on Lawrenceville Highway and build a cemetery.
The lawyer for the mosque, Doug Dillard, said the Islamic Center's hopes of expanding are still alive.
The U.S. Department of Justice Civil Rights Division issued a statement to Channel 2 saying "The department has an ongoing investigation and declines further comment."
Dillard said, "We are aware that they have spent several days here interviewing employees and members of the council and that kind of thing in Lilburn." Dillard confirmed the DOJ has interviewed his clients at the mosque.
Winne asked, "That is not a criminal investigation?"
Dillard responded, "No, this is a civil rights investigation. And basically, it's under the Religious Land Use and Institutional Persons Act."
Dillard said one of four things could result from the DOJ investigation:
--DOJ could do nothing
--DOJ could intervene as a party in a current lawsuit
--DOJ could file a friend of the court brief
--DOJ could file it's own lawsuit
Winne made a number of attempts to get a city official to comment on camera. He eventually spoke to City Attorney Richard Carothers by phone, who said he told city officials not to discuss the DOJ investigation because it is ingoing.
"We've been fully cooperative with every single request," he said. Carothers told Channel 2 that city officials and employees were made available for the DOJ to interview. Documents were also supplied, he said.
The DOJ investigation also came up Thursday when Channel 2 Action News reporter Kerry Kavanaugh spoke to the now-former Lilburn Police Chief John Davidson.
"I am aware of the controversy of the Department of Justice investigation. That's in progress right now," Davidson told Kavanaugh. Davidson said he could not discuss details of the case.
In court papers responding to the civil lawsuit, the city has said in effect its decision in no way interferes with the Islamic organization's members abilities to practice their faith.
Dillard said, "We think that we are being discriminated against. We think they don't want the Muslims to continue to worship in the city."
The city said the zoning restrictions are consistent with overall development. Carothers said he's waiting to hear from the DOJ about the status of the investigation.
Dillard said this is all about religious freedom.
WSBTV
