City of Fremont Sued By Buddhist Temple, Caretaker

FREMONT, CA — A caretaker and a Buddhist temple have filed civil rights claims against the city of Fremont for alleged discrimination, temple officials announced Tuesday.

The claims were made in a May 3 filing by MiaoLan Lee and the Temple of 1001 Buddhas, a 501(c)(3) religious entity at 6800 Mill Creek Road in Fremont. A federal lawsuit will be filed next month, according to temple officials.

The causes of action include racial, religious and gender discrimination, invasion of privacy and, among others, retaliation for whistleblowing to the FBI. The allegations come as the Bay Area and other parts of the country grapple with an increase in hate directed at Asian and Pacific Islander people in America.

"Fremont officials have discriminated against us for years," Lee said. "It's clear that the city's double standards stem from who we are as a religious community. The Bay Area is renowned for its tolerance and inclusion, but those values are not shared by Fremont's public officials. What we've experienced is a portrait of religious discrimination and racism, and it's inappropriate and illegal."

Lee allegedly suffered more than one violation of her constitutional rights.

Five armed police officers with bulletproof vests and K9s along with city officials and a locksmith entered her property on Feb. 9, 2018. Lee alleges they came "under the guise" of code enforcement and with a fraudulent warrant.

The intruders allegedly conducted an aggressive search inside Lee's bedroom and bathroom, as well as inside the temple and on the grounds.

Code enforcement manager Leonard Powell allegedly came on temple property without Lee's approval and gave her a business card with the initials J.D. on it. Lee thought Powell might be an attorney.

City spokeswoman Geneva Bosques said J.D. is Powell's name. The initials have since been removed from the business card, temple officials said.

When Lee visited the city's code enforcement office, Powell allegedly said to Lee in front of other city staff, "You look prettier without a hat."

Lee said she asked to deal with a different code enforcement manager because she felt uncomfortable, but the city allegedly ignored multiple requests she made.

Attorneys for Lee and the temple said the city is asking her to tear down six structures, including the Main Temple Hall, which has been on the property for half a century. Some structures are religious holy places, according to temple officials.

Following the Feb. 9 inspection, the city set up a second interview with Lee to inspect the property on May 21, 2018, attorneys for Lee said.

City officials allegedly canceled that inspection unilaterally and then canceled a meeting scheduled for May 22, 2018. Then city officials acquired another warrant and raided the property a second time on May 24, 2018, Lee's attorneys said.

Fremont officials said Tuesday that they have been working to remedy what they say are safety violations on the temple property.

In October 2017, someone complained about construction on the property performed without a permit. An investigation lasting several months revealed the alleged construction of more than one building without permits and in violation of zoning regulations.

Other government agencies also issued violation notices and said Lee must comply with the city's regulations, city officials said.

"Some of the violations pose a direct danger to the environment," Fremont officials said.

"It's disheartening to learn that a claim is being filed against the city," Fremont spokeswoman Geneva Bosques said. "We are a community that celebrates our diversity and we are proud to have one of the largest Asian populations in the Bay Area."

The Temple of 1001 Buddhas is a small, private community of fewer than 20 caretakers worldwide.

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