By Chris Cannon
NASHVILLE, Tenn. - A federal judge in Nashville issued a temporary restraining order that allows the Murfreesboro Mosque to go through the inspection process that will allow it to eventually open.
The Islamic Center of Murfreesboro filed a suit in U.S. District Court for the Middle District of Tennessee against Rutherford County on Wednesday and asked the court to let worshippers into the building before the holy month of Ramadan starts at sundown Thursday.
The Justice Department also filed a lawsuit that led to an emergency hearing Wednesday afternoon.
"The United States Attorney's Office will zealously protect every citizen's right to worship and assemble," said Jerry E. Martin, U.S. Attorney for the Middle District of Tennessee. "If we do not protect the rights of these congregants in Rutherford County, then the rights of all people are endangered and diminished," the U.S. Attorney went on to say.
In May, a Rutherford County judge in the spring overturned the county's approval of the mosque construction and this month ordered the county not to issue an occupancy permit for the 12,000-square-foot building. He found that the county didn't give adequate public notice for the meeting that approved the mosque.
The federal government argued before Judge Todd Campbell the state's ruling forced Rutherford County to impose a substantial burden on the mosque that violated the Religious Land Use
and Institutionalized Persons Act of 2000.
The Becket Fund for Religious Freedom represented the mosque during the emergency hearing. Its attorney argued the Islamic Center of Murfreesboro was subjected to a different legal standard than other religious groups. He said that violated the center's first amendment rights and right to free exercise.
"We're glad to step up and help the mosque when they're being subjected to a double standard that wasn't being applied to any other religious group in the county," said Luke Goodrich from The Becket Fund.
The attorney representing Rutherford County said county leaders were only following the state judge's previous ruling.
"Our job is to follow the law, not to try to advocate for one side, or the other. We just want to make sure the process is done appropriately, fairly and legally," said attorney Jim Cope.
The Islamic Center's leader felt the judge's ruling sent a message Wednesday.
"It's a time where we can say to everyone you can look to us here in America and learn from us that people have the right to practice any religion they want," said Imam Ossama Bahloul.
The legal fight over the mosque has been ongoing since 2010.
Past Stories:
- July 10, 2012: Planners Consider New Vote On Murfreesboro Mosque
- July 2, 2012: Murfreesboro Judge Won't Let New Mosque Open
- June 22, 2012: County Appeals Judge's Ruling On Mosque Approval
- June 21, 2012: Texas Man Indicted For Threats Against Murfreesboro Mosque
- June 12, 2012: Commission Votes To Appeal Ruling On Murfreesboro Mosque
- June 11, 2012: Transparency Groups See Problems In Mosque Ruling
- June 7, 2012: Opponents Want Construction Stopped At Islamic Center
- June 1, 2012: Judge Voids Mosque Approval, Doesn't Stop Building
- May 30, 2012: Construction Continues On Murfreesboro Mosque
- May 29, 2012: Judge Says Murfreesboro Mosque Construction Must Stop
- April 26, 2012: Testimony Concluded In Murfreesboro Mosque Suit
- April 26, 2012: Islam Claims Blocked In Trial Over Murfreesboro Mosque
- April 20, 2012: Debate Over Murfreesboro Mosque Headed To Trial
- April 16, 2012: Former SNL Star Questions Murfreesboro Mosque
- April 4, 2012: Attorneys Ask Judge To Throw Out Mosque Challenge
- Feb. 8, 2012: Construction Begins On Murfreesboro Mosque
- Nov. 2, 2011: Chancellor Sets Date For Murfreesboro Mosque Trial
- Oct. 11, 2011: New Court Date Set In Murfreesboro Mosque Lawsuit
- Oct. 7, 2011: Another Plea Filed Against Murfreesboro Mosque
- Sep. 28, 2011: Group Breaks Ground On Murfreesboro Mosque
- Sep. 27, 2011: Groundbreaking For New Mosque On Wednesday
- Sep. 14, 2011: Mosque Construction Delayed After Bids Lacking
- Sep. 6, 2011: Murfreesboro Mosque Receives Bomb Threat 5 Days Before 9/11
- Aug. 31, 2011: Judge Affirms Ruling Allowing Mosque Construction
- Aug. 29, 2011: Judge Says Mosque is Protected by Religious Freedom
- June 27, 2011: Tensions Rise In Murfreesboro Mosque Hearing
- June 16, 2011: Plaintiffs Want Access To Leaders' Emails About Mosque
- April 19, 2011: Security Cameras Removed At Murfreesboro Mosque Site
- April 6, 2011: Mosque Neighbors Join In On Lawsuit
- March 9, 2011: Judge Denies Request For Emails In Mosque Hearing
- Feb. 14, 2011: County Lawyers To Ask For Dismissal Of Mosque Case
- Nov. 17, 2010: Judge Denies Request To Stop Mosque Construction
- Nov. 2, 2010: Legal Fees For Mosque Suit Could Top $50,000
- Oct. 25, 2010: High Cost Of Security Could Slow Mosque Construction
- Oct. 22, 2010: Opponents Try To Link Mosque Members To Terrorists
- Oct. 21, 2010: Attorney: Mosque Board Member Has Ties To Terrorists
- Oct. 20, 2010: County Officials Defend Action In Murfreesboro Mosque Case
- Oct. 19, 2010: Murfreesboro Mosque Lawyer Says He'll Still Make His Case
- Oct. 18, 2010: Justice Dept. Enters Murfreesboro Mosque Controversy
- Sep. 21, 2010: Bizarre Murfreesboro Mosque Confrontation Caught On Tape
- Sep. 11, 2010: Animal Rights Group Promotes Compassion for Murfreesboro Mosque
- Sep. 6, 2010: Murfreesboro Mosque Site Neighbors Moving Out
- Aug. 12, 2010: Commissioners Hear More About Murfreesboro Mosque
- June 25, 2010: Candidate Denounces Murfreesboro Mosque Proposal
- June 24, 2010: Murfreesboro Mosque Supporters Have Their Voices Heard
- May 20, 2011: Building Permit Obtained For Murfreesboro Mosque
- Nov. 15, 2010: Defense Rests In Murfreesboro Mosque Hearing
- Nov. 12, 2010: Plaintiffs Rest In Murfreesboro Mosque Hearing
(The Associated Press contributed to this report)
