As small towns across America see a sudden shift in demographics, many areas are being forced to build mosques from an improbable source. The Department of Justice (DOJ) has quickly become one of the biggest forces behind not only allowing a mosque to be built anywhere, without regards to local building codes but also there is a big chance any pushback from local government will end in the town paying for the building. It has gotten to the point that local groups wanting to build a mosque no longer even pretend to follow long established building codes. With the DOJ as an ally and the strong arm, they can threaten massive lawsuits and years of costly court hearings.

Essentially religious groups are ending up with large cash settlements because local authorities expect them to adhere to zoning requirements. Instead of following the same laws everyone else follows, including other church groups, Muslim groups now hold the upper hand to tell authorities how things will work. According to a recent report:

“The atmosphere of DOJ intimidation cannot be overstated. Negotiated settlements between the DOJ, local zoning authorities, and mosque officials take place against a backdrop of DOJ threatening long, prohibitively costly litigation. The drive for ever more concessions, and more cash, confronts communities whose small governments cannot compete with DOJ’s $28 billion budget and legions of lawyers. Importantly, DOJ treats these settlements as if they were precedents even though, by sidestepping the courts, the settlements bypass judicial precedents that could protect legitimate community interests.”

In two very recent cases, local authorities in Michigan and New Jersey attempted to protect residential areas from being negatively impacted by the massive temple. Residents watched as their neighborhoods became active hubs for religious studies around the clock and were forced to deal with a sudden, unsafe level of both traffic and parked cars.

Even as local authorities can show they are applying the same standards to all applications for building permits, the DOJ is quick to step in to defend these particular applications. Something as simple as comments made by locals can become evidence of discrimination. At one time, Congress passed a special law to level the playing field for churches to build new temples, but this has become a golden ticket to build without regard to residential zoning. The rules are pretty clear:

“The RLUIPA (Religious Land Use and Institutionalized Persons Act) governs religious land use decisions. Congress passed this law unanimously for the purpose of giving religious applicants a fair shot at achieving permit approvals. Congress intended that religious applicants would not be “substantially burdened” and that they would be treated on “equal terms” with other assembly uses. The courts have been inconsistent in interpreting this law, and almost every federal appellate circuit has a different approach. The Supreme Court has not ruled on the religious land use parts of the law.”

With an unclear direction as far as applying RLUIPA, and no current ruling from the Supreme Court, many small towns see the prospect of fighting a lawsuit an impossible risk. It is safer, and a lower overall cost, to settle a DOJ claim than fight in court.

As small towns feel the pressure to allow mosques to be built without regard for residential zoning or the property rights of homeowners, residents suffer. One example of this occurred at the Dar al Farooq mosque in Bloomington, Minnesota. Citing religious freedom, they are currently holding services for the entire month of Ramadan with overflow parking and lighted lots until 1:00 and 3:00 a.m.—in a residential neighborhood.

This mosque, in particular, was already pushing boundaries as they flooded local streets with a huge increase in traffic, did not have to follow the same hours of business as any other local group, and literally kept neighbors awake till the early hours of the morning. In a strange twist, even beyond the initial complaint, DOJ has also stated they will continue to monitor the local area to make sure none of the residents are bothering the mosque. Even neighbors complaining about their homes being flooded with light till 3:00 a.m. can be viewed as discrimination against the mosque owners. Both local authorities and residents have lost their rights to live in peace in their homes.

Muslims no longer need to make a good faith effort to follow zoning laws; they have the backing on the DOJ to push their agenda. It seems that the DOJ has taken small town America hostage. One such lawsuit is described as: