LEXINGTON, Neb. (AP) - The city of Lexington has sued the local mosque, saying it’s been violating city zoning ordinances, but the ACLU of Nebraska says the city is violating the Muslims’ religious rights.
The Islamic Center of Dawson County wants to renovate the downtown property that it has occupied for several years and now owns, along with a former laundromat in an adjacent building. But the lawsuit filed Friday says a certificate of occupancy hasn’t been obtained and a conditional use permit is required before the former laundromat can be used for religious purposes.
In the past 10 years, immigrants from Somalia and other African nations have moved to Lexington in search of jobs, particularly at the Tyson meatpacking plant.
The city is seeking fines totaling $600 a day for violations of city building codes and zoning ordinances. The city also is asking the court to bar the Islamic Center from expanding into the former laundromat, which it acquired Jan. 25 along with two adjacent buildings it’s been occupying.
The City Council voted Dec. 22 to deny the permit, citing concerns about parking and what was best for development and redevelopment of downtown.
“We’re not trying to deter people from practicing their religion,” City Manager Joe Pepplitsch told The Associated Press on Wednesday. “We’re trying to help them be successful.”
The city has suggested the Islamic Center acquire and develop other parcels that would better fit the mosque’s needs. The center’s attorney, Claude Berreckman Jr., said most of those were in residential areas, far from the members’ homes near the downtown mosque.
“My clients feared the location(s) would have caused problems with residents in those areas,” Berreckman said. “More importantly, my clients have been worshipping in the same location since 2008 and wanted to remain.”
Parking is not an issue, he said, because “the vast majority of the mosque members walk to the mosque for prayer. They feel that’s part of the way they exercise their religion.”
A hearing is scheduled March 3 on the city’s request for a temporary order barring expansion into the former laundromat until all the issues have been resolved.
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