A federal judge has denied a motion by Bernards Township, New Jersey, to dismiss a suit objecting to its 2017 settlement of litigation over construction of a mosque.

The objections were brought by plaintiffs backed by a legal organization that said the accord violates the establishment clause by favoring one religious group, Muslims, and not others, including Christians.

The Somerset County township's motion to dismiss is denied because it did not meet its burden to demonstrate that the plaintiffs have failed to state claims to permit dismissal of the First Amendment suit filed against it, U.S. District Judge Michael Shipp of the District of New Jersey ruled Monday in Quick v. Township of Bernards.

The suit raises constitutional claims against the previous settlement between the township and a group whose request to construct a mosque was denied. The settlement calls for a public hearing to be conducted on the mosque plans but participants would be barred from offering questions or comments at the meeting on Islam or Muslims.

The suit seeks a declaration that the plaintiffs' rights are being violated, a declaration that the settlement is unconstitutional,

The plaintiffs claim the subject of the group's religious practices is relevant because members will visit the mosque to pray at various times of day, potentially creating parking and traffic problems.

A plaintiffs' motion for a preliminary injunction was denied in August

Bernards agreed to pay $3.25 million last year to settle a previous suit brought by the Islamic Society of Basking Ridge, which claimed that its application to build a new mosque was turned down out of religious animus. That case was settled in June of 2017, but two months later the town was hit with a pair of additional suits.

The suit by Christopher and Loretta Quick brings the First Amendment claim over the alleged free speech restrictions. A second suit, brought by Cody Smith in state court in Somerset County, claims that the Township Council violated the state Open Public Meetings Act by voting to approve the settlement before disclosing its terms to residents.

Both suits are brought with backing from the Thomas More Law Center—whose mission statement includes “defend[ing] the religious freedom of Christians”—which has accused Bernards of anti-Christian bias in its settlement of the prior litigation.

Eric Harrison of Methfessel & Werbel in Edison, New Jersey, whose firm represents Bernards in both cases, declined to comment on the litigation. Westfield, New Jersey, attorney Michael Hrycak, who represents the plaintiffs, did not return a call.