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Hendricks County government has agreed to pay $300,000 and change its zoning policies to settle allegations that it violated federal laws by denying zoning approval for an Islamic seminary and accompanying housing.
The agreement comes after a U.S. Department of Justice investigation into allegations that the county twice unlawfully denied zoning approval to the company Al Hussnain Inc. The company sought to develop a religious seminary, K-12 religious school, and residential housing in the county.
“Animus directed towards the Muslim community masked under the guise of an ordinary zoning restrictions violates the law and runs contrary to the principles of fairness and tolerance that are core in our democracy,” Assistant Attorney General Kristen Clarke of the Civil Rights Division said in a written statement.
“Federal law prohibits local governments from making zoning decisions about housing or religious land use on the basis of the religion of the developer or those whom they perceive might live at or worship at the development,” she added. “The Justice Department will use its authority to stop discriminatory anti-Islamic conduct and hold local governments accountable.”
The federal government sued the county, alleging violations of the Fair Housing Act and Religious Land Use and Institutionalized Persons Act.
The county agreed to settle the lawsuit by paying $295,000 to Al Hussnain Inc. and a civil penalty of $5,000 to the U.S. government. It also must adopt fair housing and appropriate religious land use policies and train its officials and employees on the requirements of those laws.
The settlement agreement is awaiting review by the U.S. District Court in Indianapolis.
Al Hussnain Inc. and Hendricks County officials did not immediately respond to Indiana Lawyer’s request for comment.
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