Bartlett Sued Over Mosque Permit Denial

The City of Bartlett is facing a federal lawsuit filed by a local religious group that claims it was unfairly blocked from building a new place of worship. The Bartlett Muslim Society, in conjunction with the American Civil Liberties Union (ACLU) of Tennessee and Nashville-based attorney Daniel Horwitz, initiated legal action on July 25, challenging the Bartlett Board of Mayor and Aldermen’s (BMA) decision to deny a special-use permit for the construction of a mosque.

The lawsuit, titled Bartlett Muslim Society vs. City of Bartlett, was officially filed in the U.S. District Court for the Western District of Tennessee. This legal challenge comes after the BMA voted 5-1 in February to reject the permit request, despite the Muslim Society's extensive efforts to meet the city's demands.

"Mosques, like churches and synagogues, have a protected place in our communities," stated Daniel Horwitz in a press release. "Targeting one faith group with unfair zoning treatment without subjecting other faiths to the same restrictions is illegal."

The controversy stems from the Bartlett Muslim Society’s proposal to build a 5,000-square-foot mosque, with potential expansion to 15,000 square feet, on an 8.2-acre site on the east side of Broadway Road, just north of the Ellendale five-way intersection. Driveway access was planned off Broadway.

Since the February denial, the ACLU has highlighted that the decision followed months of the Bartlett Muslim Society’s compliance efforts. This included commissioning a costly traffic impact study by a leading transportation expert. The study concluded that the proposed mosque would have no adverse traffic impacts and that no mitigation efforts would be necessary, directly refuting potential traffic concerns.

"This is a clear case of interference with religious freedoms cloaked in bureaucratic language," asserted Stella Yarbrough, ACLU-TN legal director. "The facts don’t support the permit denial, but they do reveal something deeper — an attempt to restrict a community’s religious practices based on who they are."

The city's official response has been cautious. When contacted for comment, a representative for the City of Bartlett, Halford, indicated via email that the City of Bartlett had not yet been formally made aware of an ACLU of Tennessee filing against the City or the Bartlett Board of Mayor and Aldermen as of the date of the lawsuit’s filing.

The path to the lawsuit began in December, when the Bartlett Planning Commission issued an unfavorable recommendation for the special-use permit. Their report cited various requirements for the property, including the removal of the Fletcher Creek pump station, extending sewer lines under the railroad, and potentially widening Broadway Road.

However, the ACLU pointed out that even the city’s own planning and economic development director had supported the permit’s approval. Furthermore, the commission had previously granted special-use permits to similarly situated Christian churches under comparable or even less favorable circumstances, raising questions of unequal treatment.

Before the February vote, the American Civil Liberties Union had warned city officials in a letter to the BMA that denying the permit could violate the Religious Land Use and Institutionalized Persons Act (RLUIPA), Tennessee’s Preservation of Religious Freedom Act, and the First Amendment’s Free Exercise Clause. The plaintiffs are now asking the court to declare the city’s actions a violation of RLUIPA and to compel the city to approve their permit application.

Badrul Hossain, board president of the nonprofit Bartlett Muslim Society, explained the critical need for a new facility. The 20-family congregation currently holds worship services in the Bartlett Square office building at 4210 Altruria Road but has outgrown the space.

"Our congregation needs more space to worship, teach our children, and host community meals and gatherings," Hossain said in a release. "We have tried very hard to work with the city and have responded to any and all concerns raised, yet we were still denied a permit. Sadly, we had no choice but to file this lawsuit in order to continue practicing our faith."

The Bartlett Mayor and Board of Aldermen hold monthly meetings at Bartlett City Hall, located at 6400 Stage Road. The outcome of this lawsuit could set a significant precedent for religious land use and community development in Bartlett and beyond.