2 October 2024
Brownsburg, Indiana, September 2024 – Hendricks County has agreed to a settlement involving allegations of discriminatory zoning practices against Al Hussnain Inc., an Islamic educational organization. The settlement, reached in mid-September 2024, concludes a legal dispute over the county’s denial of zoning approvals for a proposed Islamic seminary and residential housing project in Brownsburg.
Settlement Details The county will pay $295,000 in compensation to Al Hussnain Inc. and an additional $5,000 civil penalty to the U.S. government. The agreement also mandates significant changes to the county’s zoning policies to ensure compliance with federal laws. These changes include adopting new Fair Housing and Religious Land Use policies and providing training for county officials and employees on the requirements of the Fair Housing Act (FHA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA).
Background of the Dispute The dispute arose when Hendricks County denied Al Hussnain Inc.’s applications to develop a religious seminary, K-12 religious school, and residential housing. The Department of Justice (DOJ) alleged that the denials were influenced by community opposition and animus toward the Muslim community, lacking legitimate zoning concerns. The DOJ further claimed that the county’s actions violated both the FHA and RLUIPA by imposing undue burdens on the Islamic organization’s religious exercise and treating it less favorably than similar non-Muslim applications.
Federal Involvement The settlement follows a lawsuit filed by the DOJ, which argued that the county’s actions constituted unlawful discrimination based on religion. Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division emphasized that such discriminatory practices are contrary to the principles of fairness and tolerance. Her comments emphasized that 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.
Local and National Impact U.S. Attorney Zachary A. Myers for the Southern District of Indiana reinforced the commitment to defending the rights of all individuals to enjoy housing free from discrimination. The settlement is seen as a significant step toward ensuring that local government actions do not unlawfully impede religious freedom or fair housing opportunities.
Next Steps The proposed consent decree, filed in the U.S. District Court for the Southern District of Indiana, awaits court approval. As part of the settlement, Hendricks County will establish procedures for receiving and resolving complaints related to RLUIPA and FHA, ensuring that similar issues do not arise in the future.
The case has drawn attention to the importance of fair and equitable treatment in zoning decisions and the ongoing need for vigilance against discriminatory practices at the local government level.
For more information on the Fair Housing Act and RLUIPA, residents can visit the Department of Justice’s website or contact the Civil Rights Division.
Information in this article was summarized from the following sources: Brownsburg Sentinel, Justice.gov, The Indiana Lawyer,
Please visit Brownsburg Sentinel for a much more in depth account and very well written article on this story.