Are Zoning Laws Being Used To Suppress Religious Liberty?

New York Ground Zero Mosque Tip Of Iceberg Regarding A Greater Problem

By Daniel T. Zanoza
Friday, September 3, 2010

With the controversy surrounding the construction of an Islamic mosque near Ground Zero in New York, a myth is being perpetuated on the American people by those who have an anti-faith agenda. Many liberals are critical of those who oppose an Islamic place of worship being built so close to the site where nearly 3,000 people were murdered on September 11, 2001. Americans believe the proposed mosque demonstrates insensitivity by some who practice the Islamic faith. So a new term has been coined by the left, and it’s called Islamaphobia.

The truth of the matter is radical members of the Islamic faith flew the two jumbo jets into the World Trade Center’s Twin Towers. However, the far left is advancing the notion that so-called moderate members of Islam are under attack by a majority of the American public. In reality, it is Christian and Jewish places of worship which have been targeted in recent years by many government municipalities as well.

I believe the situation in New York is being used as a straw man by many factions, in order to advance their own political agendas.

The facts are those who embrace the Islamic faith have a constitutional right to build a mosque near the Ground Zero site. At the same time, those who oppose the construction of a center for Islamic worship have a legitimate argument which involves sensitivity for those who lost family members and loved ones on that dreadful day from a nation which had not experienced such a shock since the attack on Pearl Harbor. It is a very complex issue, but I learned a great deal more about the fact all places of worship, no matter what the faith, are being challenged by the government when it comes to the maintenance or building of churches, synagogues, mosques, temples, etc.—both old and new—across the United States.

For years, many store-front churches in African-American communities have been fighting legal battles to keep their doors open. These churches are often located on major thoroughfares in inner-city neighborhoods. Since such places of worship are tax-exempt, some municipalities would rather see tax-generating businesses take their place. But, as is the case with the controversy over the New York mosque, as always, the squeaky wheel gets the grease. There are those who are painting a very different picture of what’s really going on in America today and what’s truly important.

I recently interviewed Richard Mauck, a partner in the Chicago-based law firm of Mauck & Baker. Mauck told me his law firm handles nearly 20 cases a year—representing all faiths—in the battle against a trend which began in the mid-1980s. At that time, many municipalities actively began restricting the construction or use of property for religious purposes. Many of these restrictions were put into place through the use of new zoning laws which, in some cases, were the result of a community seeking more revenue. In other instances, this was a result of hostility towards any and all religious faiths.

“Today most people drive past 10 or more churches to get to the one they want to go to,â€