ACLU of Kentucky

This story appeared in The Courier Journal.

The Mayfield Board of Zoning Adjustments on Tuesday unanimously approved a Somali man's request for a permit to operate a mosque in the Western Kentucky city — reversing a previous denial that had generated national controversy.

"Basically the board maintained that parking is an issue, but they conceded that there is enough off-site parking available on a regular basis," City Planner Brad Rodgers said after the vote.

The board had already voted twice on the matter in August. First, it approved the mosque, but after some people said they hadn't had a chance to comment, the board reversed course and rejected it at a later meeting.

An overflow crowd applauded that vote.

In its latter decision, the board cited concerns about limits in the capacity and parking area at the building in the central business district of the Western Kentucky city. Applicant Khadar Ahmed had sought the permit to operate a mosque for fellow Somalis who had recently moved to Graves County to work in a poultry plant.

The decision came amid a growing movement of opposition to new mosques in various states nationwide, with opponents citing concerns over the potential for a spread of terrorism and Islamic law.

Although Mayfield board members stressed that the issue was about land use, not religion, city officials did receive comments raising suspicions about Islam by email and at the Aug. 24 meeting when it voted to reject the permit.

In October, the zoning board voted to void its previous votes and scheduled the Tuesday meeting at the written request of the American Civil Liberties Union of Kentucky, which took up Ahmed's cause. The ACLU said the board's rejection was “procedurally defective,” based on false assumptions and in violation of constitutional and statutory protections of the freedom of religion.

“We are pleased,” said attorney William Deatherage of Hopkinsville, who represented Ahmed in cooperation with the ACLU. “We think the board observed the constitutional rights of the applicant, and the applicant himself is very pleased because now he gets to make his very small prayer center available for the Muslim citizens in Graves County.”

Rodgers said the hearing included about four or five public comments that focused on issues such as parking rather than religion.

“It was mainly about the parking issue, which is what it should have been about,” he said. “It was very quiet and orderly.”

He said the ACLU's letter made an impression by its citing of the Religious Land Use and Institutionalized Persons Act of 2000, a federal law that carries broad authority over local land-use regulations.

“That's one thing the board considered,” he said.

In the weeks following the Aug. 24 vote rejecting the mosque, several Western Kentucky civic and religious leaders spoke out in favor of greater acceptance of the Somali Muslims.

Reporter Peter Smith can be reached at (502) 582-4469.