The Texas Funeral Service Commission says the East Plano Islamic Center may continue performing burial rites Wednesday after the governor accused the mosque of unlawfully serving as a funeral home.
The follow-up to the commission’s March cease-and-desist letter was sent by TFSC Interim Executive Director Maria Haynes. It comes just over two weeks after EPIC sued the commission arguing the mosque isn’t operating as a funeral home, that the order to cease funeral services is unfounded and that it infringes on EPIC’s religious rights.
The letter states EPIC will not be in violation of the cease-and-desist order the commission sent in March for helping members of the religious community get information on organizing funeral and burial rites, helping the deceased’s loved ones get in contact with a funeral home or director, notifying the community of prayers to be performed for the deceased, performing the funeral prayer or Janaza, or helping obtain a death certificate — services EPIC had been providing.
The letter goes on to state that EPIC and other religious organizations are allowed to help arrange transportation of a body to and from the mosque and help those affiliated with the deceased wash and shroud the body. Those things are not considered funeral service operations so long as they’re performed without compensation and lawfully, according to the letter.
“If TFSC received credible information suggesting that any of the aforementioned activities are being performed in a manner not in compliance with Texas law, we will notify your counsel promptly and attempt to resolve the allegation prior to taking further action,” Haynes wrote.
The letter notes the investigation is ongoing and a final determination hasn’t been made.
The day TFSC sent its initial letter, Gov. Greg Abbott said in a press release EPIC is "knowingly breaking state law in many ways, including by operating a funeral home without a license.” Abbott's office referred KERA News to TFSC for comment.
The case was transferred to a federal court in Austin shortly after its filing in Travis County district court — upon TFSC’s request — as the case deals with alleged violations of federal constitutional rights, according to court records. The same day EPIC received the letter, it asked the court to cancel a hearing over its request for a temporary restraining order against TFSC as the letter “addresses the narrow question of emergency relief raised in EPIC’s application for a temporary restraining order.”
“This development does not dispose of the underlying controversy,” an attorney for EPIC wrote in the motion. “The March 26 cease-and-desist letter remains operative, and with it, the continuing threat of civil penalties and criminal prosecution by the State for conduct that lies at the heart of EPIC’s religious exercise.”
Attorney Kevin Terrazas, whose firm is representing EPIC, declined to comment. KERA News has reached out to the Texas Funeral Service Commission and Attorney General Ken Paxton’s Office, which is representing the commission, for comment and will update this story with any response.
The suit against TFSC alleges the mosque has never operated as a funeral establishment, defined in state law as a business that performs funeral services for compensation. Rather, EPIC partners with licensed funeral homes and local cemeteries to ensure proper funeral and burial rites in accordance with Islamic tradition.
EPIC alleges after the order 11 congregants have died without receiving funeral rites at their home mosque.
EPIC did have a funeral home license that expired in 2022. A now-deleted portion of the mosque’s website stated EPIC partners with Rahma Funeral Home to provide funeral services, which has been operated by a licensed funeral director since 2004.
EPIC argued TFSC doesn’t have the authority to take disciplinary action against the mosque, a non-license holder. Even if the mosque was a license holder, they argue, that disciplinary action could only happen after a hearing, which hasn’t occurred.
EPIC is facing multiple state investigations — including a criminal investigation — over its operations and the proposed EPIC City development. The Department of Justice dropped its federal probe into EPIC City last month after finding “all will be welcome in any future development.”
EPIC also accused state officials of discriminating against the mosque based solely on religion, citing Abbott’s comments on X that neither Sharia law nor “Sharia cities” are allowed in Texas.
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