In the patchwork of American religious communities, two settlements stand in stark contrast to one another-not just in their faith traditions, but in how authorities have responded to their creation. EPIC City, a proposed Muslim community in Texas, faces aggressive investigation and opposition before breaking ground, while Kiryas Joel, a thriving Hasidic Jewish village in New York, has been allowed to establish itself and eventually form its own town. This disparity raises troubling questions about religious equality in America’s landscape of faith-based communities.
The Tale of Two Religious Communities
EPIC City: A Community Under Siege Before Breaking Ground
EPIC City is a proposed 402-acre development in unincorporated Collin and Hunt counties near Josephine, Texas, approximately 40 miles northeast of Dallas. Initiated by the East Plano Islamic Center (EPIC), the project envisions more than 1,000 single- and multi-family homes, a K-12 faith-based school, senior housing, an outreach center, commercial developments, sports facilities, and a community college[1][2]. The development would be managed through Community Capital Partners, a specially created entity by the East Plano Islamic Center[2].
Yasir Qadhi, a resident scholar at the East Plano Islamic Center and one of the people involved in project planning, has emphasized that EPIC City is designed as “an open community” that welcomes “people of all backgrounds and diversity”[1]. Project representatives have even stated that non-Muslims would be welcome and could build churches or temples within the community[3].
Despite these assurances, EPIC City has faced unprecedented preemptive scrutiny. Texas Governor Greg Abbott ordered the mosque to cease any construction activities and threatened legal action[1]. Abbott claimed, without evidence, that the project could be discriminating against non-Muslims in violation of the Texas Fair Housing Act[1]. On social media, Abbott declared that “Sharia law is not allowed in Texas”[4], though there is nothing in EPIC City’s plans suggesting implementation of religious law.
The opposition has cascaded into multiple investigations. Texas Attorney General Ken Paxton launched investigations into potential consumer protection violations[5]. Governor Abbott directed the Texas Rangers to investigate the East Plano Islamic Center for “potential criminal activities”[6]. U.S. Senator John Cornyn requested a Department of Justice investigation, claiming concerns about religious discrimination against Christians and Jews[7], and on May 9, 2025, the DOJ announced it was opening such an investigation[1][8].
Representative Candy Noble has even proposed legislation aimed specifically at regulating “unconventional property ownership structures,” seemingly targeting EPIC City’s development model[9]. All this has occurred before a single building permit has been requested or approved[6].
Kiryas Joel: From Religious Enclave to Autonomous Town
In stark contrast stands Kiryas Joel, a village in Orange County, New York, populated primarily by Satmar Hasidic Jews who practice a strict form of Judaism[10]. Settled in the mid-1970s by a small contingent of Hasidic families, Kiryas Joel has grown into a thriving insular enclave and powerful local government in suburban New York[11].
The community was intentionally designed as a religious enclave, with village incorporators deliberately drawing boundaries to exclude all but Satmars[12]. Despite this explicit religious exclusivity, Kiryas Joel was allowed to develop over decades with significantly less opposition than EPIC City is facing at its planning stage.
Kiryas Joel did face legal challenges. In 1994, the U.S. Supreme Court ruled in Board of Education of Kiryas Joel Village School District v. Grumet that a special state statute creating a separate school district following village lines violated the Establishment Clause of the First Amendment[12][13]. However, this ruling did not prevent the community from continuing to thrive.
In fact, in 2018, Kiryas Joel reached an agreement with neighboring communities and became the Town of Palm Tree[14][15]. This transition granted the community even greater autonomy and governmental authority. The agreement specifically included provisions that Kiryas Joel would not facilitate annexation of land from the Town of Monroe for 10 years, acknowledging and formalizing the community’s boundaries[15].
Different Standards: Analyzing the Disparity
The contrast between these two religious communities’ experiences reveals troubling inconsistencies in how American institutions respond to different religious groups seeking to establish communities.
Preemptive Action vs. Decades of Development
Perhaps the most striking difference is timing. EPIC City faces investigations, legal threats, and potential legislative obstacles before construction has even begun. Government officials are acting based on speculative concerns rather than actual violations of law[1][6][7]. By contrast, Kiryas Joel was permitted to develop over decades, addressing legal challenges as they arose rather than facing preemptive blocking[10][12].
The Supreme Court did invalidate a special school district arrangement for Kiryas Joel in 1994, finding it violated the Establishment Clause[12]. However, even after this ruling, Kiryas Joel was allowed to continue developing and eventually gained greater autonomy by becoming its own town[14][15]. By contrast, Texas officials are threatening EPIC City with legal action before a single structure has been built[1][6].
Assumptions About Religious Law
Officials have repeatedly claimed, without evidence, that EPIC City would implement Sharia law[4][3]. Governor Abbott specifically tweeted that “Sharia law is not allowed in Texas”[4], despite no indication from developers that religious law would govern the community. In fact, representatives have explicitly stated they would follow all state and federal laws[4].
Meanwhile, Hasidic communities like Kiryas Joel, which do maintain some degree of religious governance within their communities, have been allowed to function without similar allegations. Kiryas Joel is openly described as a place where “Satmar Hasidim, practitioners of a strict form of Judaism” live, and its incorporation boundaries were “intentionally drawn” to “exclude all but Satmars”[12]. Yet there have not been similar broad allegations about implementation of religious law.
The Burden of Proof
EPIC City developers are being required to prove they won’t discriminate or implement religious law-essentially guilty until proven innocent. Attorney General Paxton has issued Civil Investigative Demands to examine potential violations of Texas consumer protection laws[5], though no specific violations have been identified.
Mustafaa Carroll, executive director of the Dallas-Fort Worth office of the Council on American Islamic Relations, noted that when “the governor, the strongest official in the state,” makes such statements and “calls on his other entities to investigate, it throws a cloud over the community”[1]. This places an extraordinary burden on Muslim developers that doesn’t appear to have been placed on other religious communities.
Political Motivations and Religious Freedom
The timing of these investigations raises questions about political motivations. Attorney General Paxton announced his plan to challenge Senator Cornyn in the GOP primary race for U.S. Senate shortly before launching investigations into EPIC City[1]. Hours after Cornyn shared his letter to the Department of Justice, Paxton’s office released a press announcement about investigating local officials’ involvement with EPIC City[1].
Dan Cogdell, the attorney for EPIC, has expressed confusion about the basis for these investigations, stating: “I don’t even know what Paxton is talking about”[1]. Cogdell also observed that “Instead of issuing press releases, perhaps they should pick up the phone and call me”[1], suggesting that genuine concerns about legal compliance could be addressed through normal channels rather than public accusations.
Legal Precedent and Constitutional Implications
The 1994 Supreme Court case involving Kiryas Joel established important precedent regarding government accommodation of religious communities. The Court found that creating a special school district that followed religious community boundaries violated the Establishment Clause[12]. However, this ruling focused on a specific governmental action rather than the community’s right to exist.
The aggressive opposition to EPIC City raises serious constitutional concerns about religious freedom and equal protection. If Muslim Americans face greater hurdles in establishing communities than other religious groups, this could constitute religious discrimination by government entities themselves.
Conclusion: A Call for Equal Treatment
The stark contrast between the treatment of EPIC City and Kiryas Joel highlights a troubling double standard in how religious communities are perceived and regulated in America. While Kiryas Joel was allowed to develop over decades despite controversies and eventually gained greater autonomy, EPIC City faces extraordinary obstacles before breaking ground.
This disparity points to a broader pattern of inequality in the treatment of Muslim Americans compared to other religious groups. Religious freedom-a cornerstone of American values-must apply equally to all faiths if it is to have any meaning. The principle that government should not unduly burden religious expression or treat different religious groups differently is fundamental to American constitutional law.
For America to truly uphold its commitment to religious liberty, communities like EPIC City deserve the same opportunity to develop that has been afforded to communities like Kiryas Joel. Only by applying consistent standards across all religious groups can we ensure that religious freedom remains a reality for all Americans, not just those of certain faiths.
Sources*
- https://www.keranews.org/news/2025-05-09/department-of-justice-announces-investigation-of-epic-city
- https://en.wikipedia.org/wiki/EPIC_City,_Texas
- https://www.youtube.com/watch?v=iblP-xul8R0
- https://www.newsweek.com/muslim-group-accuses-greg-abbott-abusing-power-over-new-texas-city-2057879
- https://www.oag.state.tx.us/news/releases/attorney-general-ken-paxton-issues-cid-part-ongoing-investigation-real-estate-development-tied-east
- https://www.nbcdfw.com/news/local/texas-rangers-open-investigation-into-east-plano-islamic-center-amid-scrutiny/3804701/
- https://www.cornyn.senate.gov/news/cornyn-calls-on-doj-to-investigate-epic-city-following-accusations-of-religious-discrimination-sharia-law/
- https://www.nytimes.com/2025/05/09/us/politics/muslim-development-texas-investigation.html
- https://www.ksstradio.com/2025/04/legislation-aimed-at-epic-city-under-consideration/
- https://en.wikipedia.org/wiki/Kiryas_Joel,_New_York
- https://jewishstudies.berkeley.edu/news/american-shtetl-making-kiryas-joel-hasidic-village-upstate-new-york
- https://supreme.justia.com/cases/federal/us/512/687/
- https://en.wikipedia.org/wiki/Board_of_Education_of_Kiryas_Joel_Village_School_District_v._Grumet
- https://forward.com/fast-forward/417114/kiryas-joel-secedes-from-municipality-and-renames-itself-palm-tree/
