People walk to a Mosque in Stafford, Texas, for the funeral of Santa Fe High School shooting victim Sabika Sheikh, 17, on May, 20, 2018. – Sheikh was an exchange student from Pakistan. (Photo by Brendan Smialowski / AFP))
A Muslim American group has accused Texas state officials of discrimination and urged the federal Department of Justice to intervene, following what appears to be politically motivated investigations into a Muslim-led real estate project in Texas.
The Council on American-Islamic Relations (CAIR) wrote a letter to the DOJ to urging it to reject an investigation request into the EPIC City housing development just outside of Dallas by US Senator John Cornyn.
CAIR called the investigation drive an “unconstitutional attempt to stigmatize and suppress Muslim religious community life and expression,” noting that Christian and Jewish faith-based communities in the US don’t face similar levels of scrutiny.
The EPIC City housing development is being managed by Community Capital Partners, a group formed by members of the East Plano Islamic Center. The development is set to build 1,000 homes, a faith-based school, mosque, elderly and assisted living, apartments, clinics, retail shops, as well as a community college and sports fields 30 miles north of Dallas.
Alongside the neighbourhood, two ranches are also planned to be constructed nearby, named EPIC Ranches One and Two.
Republican Texas Senator John Cornyn had earlier urged the DOJ to investigate the Muslim-led development, raising doubts that “Christians, Jews, and other non-Muslim minorities would receive equal protection under the law in this new community”.
Senator Cornyn also alleged that the Muslim-led community project could be violating the Fair Housing Act of 1968 based on previous advertisement on the official website that that sales would be limited to those who “contribute to the overall makeup of our community”, and whether it abides by “existing federal and state prohibitions on the enforcement of sharia law.”
But CAIR called the speculation on the enforcement of sharia law an “Islamophobic trope” and that the suggestion that Sharia principles override US law is “both inflammatory and legally meaningless.”
CAIR clarified that Sharia “provides Muslims with moral guidance in matters of worship, charity, business ethics, and daily conduct. It is not a criminal code and poses no threat to American law.”
Alongside the letter by Senator Cornyn, five investigations have been launched by Texan authorities, including by Governor Greg Abbott and Attorney General Ken Paxton over the development.
These include an investigation launched by Abbott into the mosque and related businesses for “potential criminal activities” and by the funeral service commission which sent a cease-and-desist letter on allegations the mosque was operating a funeral home without a license.
Likewise, Paxton is investigating whether the developers are violating state consumer protection laws, which on Monday he expanded to request official communications between Texan authorities, the mosque and developers.
‘Islamophobic fodder’
From small church-led housing initiatives to large-scale retirement complexes inspired by religious values, faith-based real estate communities have long existed in America’s residential landscape. Tousands of these communities exist nationwide—ranging from affordable housing projects and senior living developments to community revitalization efforts driven by religious organizations.
Legally, these initiatives are both allowed and protected under U.S. law, as long as they comply with civil rights regulations. The Fair Housing Act ensures that religious groups cannot exclude or favour tenants based on faith, while the Religious Land Use and Institutionalized Persons Act (RLUIPA) protects religious organizations from restrictive local zoning policies. At the same time, constitutional safeguards ensure government partnerships with religious entities do not breach the Establishment Clause, requiring a careful balance of support without religious endorsement.
CAIR, in its letter to the DOJ, said that the investigations on the part of Texan authorities were “a discriminatory act” that could violate constitutional amendments and federal law.
“These actions are clearly motivated and unsubstantiated”, the groups said, adding “this effort appears designed to stigmatise a Muslim-led institution through abuse of regulatory power and manufactured public suspicion.”
The group called on the DOJ to reject Senator Cornyn’s requests and investigate Texan authorities’ actions on grounds they have violated civil rights protections.
It also called on the DOJ to launch an investigation into both Abbott and Paxton on grounds that they have “engaged in unconstitutional actions targeting Texas Muslims” and violating the constitution’s First and Fourteenth amendments as well as the Religious Land Use and Institutionalized Persons Act.
Community Capital Partners itself issued a statement saying the development has “become fodder for pandering and political theatre” and that it would both correct misinformation about the development and continue developing an inclusive community.
The New Arab has reached out to Senator John Cornyn and Governor Greg Abbott but didn’t receive comment by the time of publication.
