Milbank LLP, alongside Muslim Advocates, has secured a major victory on behalf of the All Muslim Association of America, Inc. (AMAA) in lifting a block on the construction of a new Muslim cemetery in Stafford County, Virginia. At a public hearing on Thursday, October 29, Stafford County’s Board of Supervisors voted to repeal ordinances that prevented construction of the cemetery after AMAA filed a religious freedom lawsuit against the county and its board on June 8, 2020. The US Department of Justice also filed a lawsuit against Stafford County on June 19, 2020.
AMAA, a Virginia-based nonprofit that provides low-cost burial and funeral services to Muslims in the region, has operated a small Muslim cemetery in Stafford County for about 20 years. Expecting it to reach capacity next year, AMAA purchased a new parcel of land in 2015 that was zoned for cemetery use. However, county officials initiated an unusual and expedited process to rewrite the county’s ordinance with changes clearly intended to hinder AMAA’s development of a new cemetery. In response to these discriminatory and unconstitutional actions, the Muslim Advocates and Milbank sued the county and its board on behalf of AMAA.
Stafford County’s October 29 vote effectively repeals a 2016 ordinance and a second ordinance adopted in August 2020, which were designed to prevent AMAA from developing a new cemetery in the community. The vote removes a significant barrier for AMAA to build its cemetery, but legal proceedings will continue to ensure approval of the cemetery and to seek damages for the unnecessary costs caused by the county and board’s actions.
Milbank represents AMAA pro bono with a team led by Litigation partner Tawfiq Rangwala and special counsel Melanie Westover Yanez, together with associates Monica Arnold, Hannah Blazek, Mike Frieda, Vanessa Gonzalez-Ahmed, Courtney Irons, Sharaf Islam, Riah Kim, Morgan Mason, Julie Wolf and Ashton Yarnall.
“While we remain vigilant in our efforts to protect AMAA’s religious exercise, we are pleased that the county and its board have taken this important action to repeal an unnecessary and substantial infringement of AMAA’s rights,” said Ms. Yanez.
“We are pleased that Stafford County and the Board of Supervisors have voted to repeal the discriminatory ordinances,” said Mr. Rangwala. “The county and board’s actions were clear violations of All Muslim Association of America’s right to religious freedom. This vote represents an important and necessary step toward protecting the civil and constitutional rights of the Muslim community.”
