East Plano Islamic Center challenges state order to stop funeral services

AUSTIN, Texas - The East Plano Islamic Center is asking a state court to let them continue Islamic funeral rites after the Texas Funeral Commission sent a letter in March ordering them to stop.

What we know:

The East Plano Islamic Center on Wednesday asked a Travis County district court to allow it to continue performing traditional Islamic funerals and burial rites.

What they're saying:

"For years, EPIC has performed Janaza communal prayers and related rites for the deceased without charge, and in full compliance with Texas law, which expressly allows religious organizations to conduct such rites so long as they do not engage in commercial funeral services for compensation," attorneys for EPIC said.

The Janaza prayer is a community prayer held ahead of a person’s burial. It is considered a communal obligation in the Islamic faith.

"The Commission’s actions have forced EPIC to suspend sacred funeral rites, chilled its exercise of religion, and caused funeral homes to refuse to transport remains to EPIC for religious services—effectively barring Muslim families from practicing their faith in the moments that matter most," court documents state.

EPIC claims the practice is allowed as they are not coordinating the transport or burial of the body and are not accepting payment for the prayer service.

They argue that the funeral commission has allowed EPIC and others to perform religious services like this for years.

According to court documents, 11 of EPIC’s congregants have died since the cease-and-desist letter without getting proper funeral rites.

EPIC claims the halting of religious services in their mosque is a violation of constitutional rights and causing "irreparable harm." 

EPIC City

The backstory:

EPIC’s attorneys claim the issue comes from the planned EPIC City development near Josephine, Texas.

The 402-acre site is a planned development where they want to build 1,000 homes, a mosque, a K-12 religious school, retail spaces and a senior living center.

READ MORE: EPIC City's attorney says EPIC, development a victim of 'racial profiling'

The development has been under fire from Gov. Greg Abbott, who has opened numerous investigations against the developer and the development.

The developers and East Plano Islamic Center have also been targeted by the Texas Commission on Environmental Quality who sent a letter to CCP about the permits required to create a municipal utility district.

Gov. Greg Abbott has also asked the Texas Rangers to investigate the mosque and related businesses.

In a post about EPIC City on social media, Abbott commented, "Sharia law is not allowed in Texas."

Attorney General Ken Paxton has also opened investigations into EPIC’s communication with city leadership and the financial history of EPIC City’s developers, Community Capital Partners.

The development also drew the attention of the U.S. Department of Justice, who recently dropped their investigation into the development.

"CCP has affirmed that all will be welcome in any future development, and that you plan to revise and develop marketing materials to reinforce that message consistent with your obligations under the Fair Housing Act," Assistant Attorney General Harmeet Dhillon said in the June 13 letter. "Based on this information, the Department is closing its investigation at this time."

Representatives for the project said last month that development on the project hasn't started and only traffic, water and flood studies have happened at the site near Josephine, Texas.

The group told the Department of Justice that they expect to start the permitting process in July or August, but development may take several years.

The development sold out its first phase of development, around 500 lots, within six months. Developers are still accepting investors for the second phase of the development.

EPIC Ranches is another development near EPIC City that offers larger plot sizes of up to an acre and townhome sites that are about a half mile away from EPIC City.

The other side:

EPIC City and Community Capital Partners Inc. hired high-profile attorney Dan Cogdell in April to represent them in Texas investigations over the financial and free housing laws and whether the mosque has conducted illegal funerals.

Cogdell called the investigations a result of "racial profiling."

The lawyer said the developers have "done nothing illegal and we will cooperate fully with all investigations-regardless of how misguided and unnecessary they are."

"The idea that we have to wade through this many investigations, spend this much on lawyers, spend this much time & angst going though it – is shocking and disappointing to me," Codgell said.

Cogdell said none of the investigations would be happening if the community was planned around a church or temple.

"These folks are US Citizens, law-abiding and Texans," he said.

Cogdell called claims from some, including Texas Gov. Greg Abbott, that EPIC is trying to enforce Sharia law is "dangerous."

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