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Group sues to construct mosque in Henrico

MELODIE N. MARTIN TIMES-DISPATCH STAFF WRITER
Published: December 27, 2008

A lawyer representing a Muslim group denied rezoning for a mosque by the Henrico County Board of Supervisors says the action represents religious discrimination.

The suit filed in Henrico Circuit Court says the board's refusal to rezone 3.6 acres at Impala Place and Impala Drive was "arbitrary, capricious and unreasonable."

The complaint doesn't mention religious discrimination, but attorney Henry L. Marsh III said he plans to bring up that argument in a federal suit.

The Henrico suit against the board seeks a permanent injunction that would keep the supervisors from interfering with use of the property for a house of worship, and it seeks damages and attorney fees.

County Attorney Joseph P. Rapisarda Jr. said he had not yet been served with the complaint, filed earlier this month, and could not comment.

Marsh, a state senator and civil-rights lawyer, said in a news release that the board's action "also violated plaintiff's federally protected right to assemble, in that it imposes a substantial burden on the Muslim group, which is not imposed upon Christian religious groups."

The supervisors denied the rezoning request by a 3-2 vote on Nov. 12. Since then, several county residents and groups, including the Jewish Community Federation of Richmond and at least three Christian congregations, have written letters asking county leaders to reconsider their decision.

Eleven investors from the Muslim community purchased the 5.2-acre site in January and sought to rezone it from an office district, where religious facilities are not allowed in Henrico, to residential use. They proposed a one-story, domed, 10,500-square-foot mosque and community center on part of the land.

The suit notes that the Board of Supervisors and the Planning Commission have had four requests to build houses of worship since the county's land-use plan was adopted in 1995. Exceptions were made for Faith Landmark Ministries, First Mennonite Church and the Episcopal Diocese of Virginia but not for the Muslim group, it states. The complaint also says a previous owner rezoned the site from residential to office use in 1984, but it has remained undeveloped.

Board Chairman David A. Kaechele, who voted with supervisors Richard W. Glover and James B. Donati Jr. to deny the rezoning, said the decision was based on the county's land-use and zoning guidelines. Supervisors Patricia S. O'Bannon and Frank J. Thornton voted in favor of the rezoning.

Kaechele said the county manager and the planning director were working to help the group find other available properties in Henrico that would be more appropriate for religious worship, regardless of a potential lawsuit.

"We knew they had the right to file," Kaechele said. "It's unfortunate, but that's their option."
Contact Melodie N. Martin at (804) 649-6290 or .

Reader Reactions

Posted by ( ummieluv ) on December 30, 2008 at 7:42 pm

The last rezoning meeting displayed a diversed group of “well behaved” (albeit muslims), doctors, christian clergy, henrico residents, parents, children etc. The lawyers who spoke on behalf of the muslim group made a compelling case of possible underlying prejudice. The case was clear, articulated with respect and quite dignified. With all the inter-faith activities going on in the Richmond area, this seems like child’s play. Maybe someone should invite Board Chairman David A. Kaechele, who voted with supervisors Richard W. Glover and James B. Donati Jr. to participate. They may get a CLUE!

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Posted by ( Interested Read ) on December 27, 2008 at 11:28 pm

As I said back in November, this is not an appropriate area for such activity. It’s not a matter of “discrimination,“ it’s a matter of reasonableness. This is a dead-end residential street and to have this activity is not appropriate. The members will end up parking on the street which cannot accomodate these vehicles. Also, can you imagine having 500 people gathering 2 or 3 times weekly, if not more often, a traffic nightmare? It needs to be on a major thoroughfare with adequate access. What about the Azeala Mall area? It is wide open space with access to expressways, adequate access, plenty of room to expand, with adequate utilities (water, sewer, power, etc.) and with plenty of parking. If this congregation expects to expand, they won’t have enough room to do so at the proposed location. Just because it was denied does NOT mean discrimination.

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Posted by ( wbrown ) on December 27, 2008 at 10:19 pm

“The character of the neighborhood?“ Are you serious? This is a dead-end street behind the Amtrak station, and I don’t see any comments in this story from any neighbors opposing this mosque. And everyone understands that “preserving the character of the neighborhood” is always code for NIMBYism at best and “keeping out the undesirables” at worst. As for blasting prayer chants “6 times per day”—first of all, Muslims pray five times every day, not six. Second of all, I’ve never seen a mosque in this country that actually plays the Call to Prayer out loud. I lived behind the largest mosque in Virginia for many years—Dar Al Hijrah in Falls Church—and they were perfect neighbors. There was no loud chanting or unsavory behavior, and the neighborhood didn’t lose its “character.“

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Posted by ( Allisonfan ) on December 27, 2008 at 7:22 pm

Thanks for the responses. I take GlenAllen"3”‘s point that I stated the obvious—that a similar proposal by Presbyterians might be approved without so much as a raised eyebrow. On the other hand, it seemed to me that the discussion was tiptoeing around the obvious, the heart of the issue.

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Posted by ( englishsunset ) on December 27, 2008 at 6:35 pm

Here we go.

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Posted by ( NewsJunkie ) on December 27, 2008 at 2:47 pm

This is an example of the suppression of religious freedom.

The assumption is that western religions are good and eastern religions are suspicious.

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Posted by ( Allisonfan ) on December 27, 2008 at 1:53 pm

These are thoughtful comments, and I don’t presume to know of any hidden motivation. I would, however, ask those who have posted to ask themselves if there would be resistance to a community center attached to, say, a Presbyterian church? I’d appreciate further dialogue on the matter.

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Posted by ( DarnYankee ) on December 27, 2008 at 1:46 pm

If memory serves correctly, this is the group that didn’t want to drive 10 miles to the Islamic Center in Chesterfield. That being the case, Henrico’s denial of the zoning variance is hardly a denial of their right to “ right to assemble” or an imposition of a “substantial burden on the Muslim group, which is not imposed upon Christian religious groups.“ All that the county should need to do is bring in people who have driven further to church and that should put a quick end to the whining.
Henry Marsh should be ashamed of himself. This clearly demonstrates that the man has no honor, just another shyster lawyer out for a buck.

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Posted by ( Harold ) on December 27, 2008 at 11:51 am

Don’t forget the loudspeakers blaring prayer chants about 6 times per day. People who are members of the Islamic religion seem to want us to change all our laws and customs to accommodate them thus trampling the rights of citizens.

The Henrico officials should be commended for taking a stand and protecting the neighborhood. In today’s PC world it’s rare for anyone to stand up for what’s right.

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Posted by ( dc ) on December 27, 2008 at 10:40 am

It seems innocent enough to build a place of worship on the outskirts of an established residential neighborhood, but when you factor in the community center, that changes the game plan. When the Diversity Thrift opened on Sherwood Avenue, just on the outskirts of residential neighborhoods, no one thought that it would be a problem. It would be a business that would have normal operating hours and should not prove to be a nuisance. Next thing you know, they are hosting BINGO games that let out after 10pm. Litter, traffic conjestion and pedestrian noise were the result. The residents of the neighborhood surrounding this proposed mosque should keep in mind that if a community service is planned, their quiet evenings will forever be changed. This area is industrial and at night, it is very peaceful. With a community center, the evenings will be filled with traffic, noise and possible thefts from people leaving events. Not every one is an angel you know.

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