Town of Oyster Bay backs out of pact on planned mosque expansion in Bethpage

The Town of Oyster Bay has backed out of an agreement to settle a federal lawsuit with the group Muslims on Long Island Inc. over its proposed mosque expansion in Bethpage.

The town's decision, issued Thursday, cited traffic concerns, and it fractures a deal it had agreed to less than two weeks ago to pay the Masjid Al-Baqi mosque's legal fees, green-light a new mosque and amend town code, among other concessions. In a court document filed Thursday night, MOLI's lawyers called the town’s move “stunning” and a reversal of a settlement that “was signed by both sides.”

Oyster Bay was required under the settlement to hold a town board meeting within 10 days of agreeing to it, for approval. The town told Newsday of its plan to withdraw from that pact Thursday afternoon. Lawyers for MOLI said they were informed of the town’s plan through Newsday and asked that a trial begin in late October.

"Upon further analysis and legal guidance, the Town Board has chosen to defend its zoning authority and withdraw from the proposed settlement agreement," Town Attorney Frank Scalera said in an emailed statement.

"This case between the Town of Oyster Bay and MOLI centers on traffic safety and parking — not religion," Scalera said. "The facts are clear: high accident rates at the intersection" of Central and Stewart Avenues "are concerning, and more than 4,775 red light violations are issued here annually."

Moeen Qureshi, a volunteer at Masjid Al-Baqi, and one of the plaintiffs, said the "mosque is not just a building — it is a home for our children."

"The Town’s refusal to keep its promise is painful, but it only strengthens our resolve to see this through at trial," Qureshi said in a written statement.

Lengthy, contentious battle

Leaders at the mosque have tried for six years to knock down two one-story buildings at the site and create a single facility that roughly triples the footprint there. The plan included a larger prayer room and new wudu stalls to meet the congregation’s needs.

In December, the town’s planning advisory board denied the group’s application, Newsday has reported.

MOLI filed a federal lawsuit against the town in January, alleging the town violated federal religious land use laws. The suit cited a law the town passed in 2022 that changed parking requirement calculations for houses of worship, arguing the town was treating the mosque differently than other buildings.

The court battle has grown contentious in recent months.

Lawyers in the U.S. Department of Justice’s Civil Rights Division filed a 17-page “statement of interest” in April that said the mosque’s owners were likely to succeed in the case. The statement said the town’s new parking code treats religious institutions “less favorably than comparable secular uses such as theaters, libraries, and museums, and the Town cannot and does not show that such unequal treatment is justified."

Last month, the mosque’s lawyers claimed the town fabricated the testimony of a grandmother that was used to bolster the planning board’s denial. The town later said the grandmother is real and is Nassau Legis. Rose Marie Walker (R-Hicksville), a prominent fixture in Oyster Bay and Nassau County politics.

Town reverses course

Oyster Bay’s lawyers filed an Aug. 14 letter in federal court that indicated it was nearing a settlement with MOLI.

Days later, both sides issued joint statements alongside an accord that required the town to pay $3.95 million to MOLI to cover attorneys' fees and other expenses. The town was also required to issue permits needed for the approval of the mosque and reverse the 2022 law implemented during the review of the mosque proposal.

That law had increased the requirement for the house of worship’s parking spaces from 86 to 155. The MOLI proposal called for 88 parking spaces, filings show.

As part of the agreement, MOLI said it would work to help congregants across Central and Stewart avenues during peak prayer time. Both sides would also explore a request to Nassau County for a crossing guard.

At the time, Town Supervisor Joseph Saladino said the settlement allowed the parties "to move forward in good faith as one community."

However, the town didn’t hold a board meeting to enshrine the settlement.

MOLI lawyers, in the Thursday court filing, said the town received “a fresh wave of anti-Muslim agitation from local residents” after the agreement was announced. A petition entitled “Stop the Mosque” garnered nearly 2,000 signatures and included “a flood of racist commentary,” the court filing shows.

In a court filing Friday afternoon, the town's attorneys called it "improper and untoward for Plaintiffs to conflate their disputed claims and allegations against the Town with random internet posts by strangers," adding, "it is beyond reckless to suggest that any of those random internet posts had anything whatsoever to do with the mere fact that the Town Board did not approve the settlement."

Scalera, the town’s attorney, said, “The Town Board will not compromise when it comes to protecting everyone in the public, nor will they accept development plans that fail to adequately address these serious concerns.” 

Muhammad Faridi, an attorney with Linklaters, which represents MOLI, vowed in a statement, "This trial will go forward."

The attorneys asked a federal court judge to maintain an Oct. 27 court date.

By Joseph Ostapiuk

joseph.ostapiuk@newsday.com@OstapiukJ