By Angela Hatton
http://stream.publicbroadcasting.net/production/mp3/wkms/local-wkms-934104.mp3
Mayfield, KY – It was Deja vu today in Mayfield when the Zoning board met in their regular session. The board was set to consider a conditional use permit for an Islamic prayer space near the city's downtown. It was the same application they voted to deny over two months ago. As Angela Hatton reports, the American Civil Liberties Union appealed that decision and called for a redo.
The crowd was smaller this time in Mayfield's city council chambers. A meeting in August to discuss the conditional use permit drew a crowd that spilled out into the street. Fewer than fifty residents turned out to the latest meeting. Lawyers for the ACLU and the city of Mayfield converse in hushed tones. Two Kentucky State Police troopers watch the door, but they won't be needed. The mood is subdued.
Heather Weaver, Staff Attorney for the ACLU's Program on Freedom of Religious Belief, opens the discussion with a prepared statement.
"We are quite hopeful once the board hears all the facts about this application and fully understands the applicable law, it will once again vote to approve the conditional use permit as it did on August 10, 2010."
That August 10th vote was nullified because it didn't allow for public comment. When the board denied the permit, they did so because of limited parking. Weaver says that reason violates Mayfield's zoning laws for the central business district.
"Quote, Whenever there is a change of use or change of business in an existing building, no additional parking will be required."
Weaver invokes the Religious Land Use and Institutionalized Persons Act to argue for Ahmed's application. Weaver says that statute, which gives religious organizations greater protection in zoning disputes, supersedes any local or state government ordinance. Weaver also redefines the definition of the worship space.
"Though this space has been called a mosque, it is not a mosque as most of us may understand that term. It does not of course have the physical structures or qualities that a mosque might have, such as a minaret or dome. And a formal Friday afternoon prayer service is not held there. Rather, the space is more akin to a prayer room that might be set aside in a house or business in which Muslims can gather together to conduct their five daily prayer services."
The board also calls on the adjoining landowners, Dick Conner of Mayfield Florist and Sally Nesler of New Wave Hair Salon, to make comment. Conner declines. Nesler, who had previously said the prayer room would crowd her parking area, says that's no longer the case.
"It really has nothing to do with the prayer room or not. Just as long as they respect the demeanor of the neighborhood, maybe that's the best way to put it, and of recent other than a few incidences that I've seen publically, that has been done."
Nesler says when some Somalis first started renting the space; they had a problem with loitering. Applicant and tenant Khader Ahmed was unable to speak at the last public meeting. Police turned him away at the door because of space restrictions. They did not know he was the petitioner. Ahmed speaks through a translator, answering board questions about the prayer room and the local Somali population. He affirms parking will not be a problem.
"First let me start to say that the parkings are separate. We have got our own parking lot and other businesses have their own parking. And on top of that we're not planning to have too many cars park there anyways."
Public comment sways toward religious freedom and equality. Mayfield resident Tom Waldrop asks the board to make its decision fairly.
"As a citizen, we expect you not to be influenced not by emotion or by the political whims of the time. We expect you to decide this issue on the law."
After nearly an hour of testimony and legal argument, the board votes unanimously to allow the conditional use permit.
An audible relaxing of tension follows the vote. ACLU Staff Attorney Heather Weaver says the board's decision is in line with religious freedom.
"This is the first such prayer space Muslim prayer space that has been opened in Mayfield, so in that sense I guess in one sense it's setting precedent. But in another sense this is routine under the law, and the law absolutely protects the right to open this type of prayer space, and I think the board realized that here."
Mayfield Muslim Jibril Mohamed, who also spoke through the Somali interpreter, says the decision reaffirms American democracy. Board Member Richard Wright says he's still conflicted about the decision.
"I teetered back and forth on what was the right thing to do. And I don't think I was the only one. I think several of us were struggling with what, what is correct."
Wright hopes having the prayer room will open up more understanding between the Somali community in Mayfield and other residents. City Planner Brad Rodgers says the permit goes into effect immediately. As long as they stay in compliance with city fire codes, Muslims may worship at the space.