Oyster Bay approves zone change at issue in mosque denial lawsuit

The Oyster Bay Town Board on Tuesday changed a zoning law it cited in its decision to deny a Bethpage mosque's bid to triple its footprint.

The board voted 7-0 to extend a formula it had established for parking space requirements at religious institutions to buildings with secular uses. The law, initially implemented in 2022, requires the number of parking spaces at a building to be based on total occupancy, rather than the number of square footage or the number of seats in the building. 

Muslims on Long Island, the owners of the Masjid Al-Baqi mosque on Central Avenue, had cited the requirement in its January lawsuit against the town for allegedly violating federal religious land use laws. The measure effectively created tougher standards for religious facilities, lawyers for the mosque have argued.

The parking requirement now also applies to buildings such as theaters, libraries and museums. 

Oyster Bay Town Supervisor Joseph Saladino said in a statement the new rules will "keep things more uniform."

"It’s a system that makes sense and helps make sure there’s enough parking, keeps traffic moving safely, and looks out for everyone’s safety," Saladino said.

Last week, an attorney for the mosque told Newsday the change would effectively make it harder for other institutions to secure town permits.

Muhammad Faridi, of the Linklaters LLP law firm that represents MOLI, told Newsday last week the proposal makes it "more difficult for theaters, libraries and other types of similar secular uses to be able to get a permit."

Faridi told Newsday last week that the town's measure was "basically doubling down on the requirements that they imposed on us."

For years, the mosque has sought to triple its footprint in Bethpage by converting two one-story buildings into a single site with a larger prayer room and new wudu stalls, which is used by congregants to wash their hands as part of the Islamic cleansing ritual.

In August, Oyster Bay agreed to approve the expansion and pay $3.95 million to the mosque to settle a federal lawsuit. The town backtracked a couple of weeks later, reigniting the legal battle. The town cited traffic concerns surrounding the expansion.

Earlier this year, the U.S. Department of Justice sided with the mosque's argument. A statement of interest filed by the U.S. Department of Justice’s Civil Rights Division said the 2022 measure treated religious institutions under the law "less favorably than comparable secular uses such as theaters, libraries, and museums."

The Town of North Hempstead also is embroiled in a legal battle with a local mosque that wants to expand. In February, the town filed a notice of appeal after a judge called on the town to approve the Hillside Islamic Center's request to expand in New Hyde Park.

By Joshua Needelman

joshua.needelman@newsday.com

Joshua Needelman covers the Town of North Hempstead for Newsday. A Long Island native and University of Maryland graduate, his work has appeared in publications including The New York Times and The Washington Post.