Lawyers ask judge to order reopening of Bethpage mosque

Lawyers for a Bethpage mosque shuttered by Oyster Bay Town will try to persuade a judge to order the reopening of the mosque, closed for all of the holy month of Ramadan.

The mosque's leadership filed suit in State Supreme Court in Mineola Monday seeking the mosque's immediate reopening. A hearing is expected Wednesday.

Steven Morelli, a Garden City attorney for the group, filed a similar lawsuit three weeks ago, but then withdrew it to keep negotiating with Oyster Bay officials. But talks have gone too slowly, Morelli said last week. "I have no choice but to go back to the court," he said.

Members of the mosque, Masjid al-Baqi, say the situation is urgent due to Ramadan, which ends late next week.

Town officials said the building doesn't have a valid certificate of occupancy or permits for electrical and plumbing work.

Both sides disagree on when the building was actually closed. Oyster Bay says it closed the building after a July 29 summons, but the mosque's leaders said they were officially barred Aug. 10, the eve of Ramadan.

In addition to problems with the building, Town Supervisor John Venditto said last week Masjid al-Baqi violates a town law requiring places of worship to have at least 1 acre of land. The mosque sits on a little more than 0.6 acres. When it opened, about 10 years ago, in a former restaurant, that restriction did not exist.

Oyster Bay passed a 2-acre requirement in 2001, and amended that to 1 acre in 2003, deputy planning and development commissioner Tom Sabellico said Tuesday.

Masjid al-Baqi must meet the requirement because it has continued to use a certificate of occupancy issued for the restaurant, violating building codes, Sabellico said. The mosque's attorneys included a copy of the certificate in their lawsuit.

The town says the mosque must either purchase enough land to have an acre or apply for a variance. Meanwhile, Venditto said he would accept evidence of "serious negotiations" between the mosque and a neighbor who may be prepared to sell the necessary parcel of land as grounds to issue a temporary certificate of occupancy.

But the mosque's leaders say their neighbors aren't selling and the application for a variance will outlast Ramadan. Masjid al-Baqi's congregation has been scattered over several Long Island mosques through the month. Last week, some members attended Friday afternoon services at a Huntington mosque, where some had to pray outside due to the crowds.

Masjid al-Baqi's president, Syed Majid, said the congregation needed the mosque open during Ramadan - especially during the final days which have added significance. "This is too harsh a punishment on us," he said.