APACHE JUNCTION, Ariz. - One of Apache Junction’s most influential business owners is suing the city, claiming he is a victim of racial discrimination. The two sides are expected to go into mediation next month in an attempt to resolve their differences.
Mehmood "Mo" Mohiuddin runs the popular Hitching Post Saloon, a venue that includes a bull riding arena that draws visitors from around the world.
Mohiuddin immigrated to the United States in 1989 to work as a computer programmer. He eventually obtained American citizenship and moved to Apache Junction in 2006. He purchased a gas station and later converted it to The Hitching Post Saloon, where he says city leaders encouraged him to open a bull riding arena in the back of the restaurant.
"I just want the freedom to continue running my business and bringing tax dollars to Apache Junction," Mohiuddin said.
Loyal customers say Mohiuddin's venue offers a unique hang-out and a sense of community. Bull-riders who train there have earned college scholarships, and The Hitching Post is frequently the site of charity events to raise money for locals down on their luck.
"It's kind of a place that everyone calls home," said Pamala Weig, a frequent customer.
But over the years, Mohiuddin has battled the city over zoning and development matters, and it appears the feud has reached a boiling point.
Earlier this month, Mohiuddin filed a lawsuit against the city, claiming his 14th Amendment right to equal protection under the law was violated. The suit also claims race discrimination by city officials against Mohiuddin.
“Because he doesn’t fit the preferred stereotype of who certain people would like to see succeed, he is being discriminated against," said attorney Elizabeth Tate.
A representative of the Apache Junction city manager and council said they could not comment because of the ongoing lawsuit. An attorney for the city said, "the city denies the substance of Mohuiddin’s claims."
"We have provided him, as we do all citizens, every accommodation with respect to his business, consistent with the city's ordinances and regulations," said attorney Bill Doyle. "The city does not, in policy or practice, engage in discrimination, racial or otherwise. We did not in this matter.”
The lawsuit claims that while Mohiuddin has attempted to add new entertainment options and create parking accommodations for customers on an adjacent property he owns, city leaders have placed 13 costly "arbitrary and capricious conditions” on his business.
Some of the conditions violate the city’s own codes, the suit claims. The conditions include requiring Mohiuddin to pay for a traffic study, extra security, a new septic system and a 12-foot wall around his property that alone would cost at least a hundred thousand dollars.
"I'm going to fight this until I die," Mohiuddin said. "That's my dream and I'm not going to let it go."
The suit alleges Caucasian business owners aren’t scrutinized the same way in city business and that “the City of Apache Junction has a policy of race discrimination with City employees freely using racial epithets to refer to Mohiuddin.”
But a handful of homeowners and one very vocal former mayor say the issue has nothing to do with race. They say The Hitching Post is loud and bothersome to nearby homes, especially on Thursday and Saturday nights, when bull-riding takes place.
"He has come in and made a three-ring circus out of this place," said John Insalaco, former Apache Junction Mayor, speaking at a recent city council meeting.
Residents presented video evidence to the council of what they say showed loud noises from a speaker system and bright lights emanating from cars at the Hitching Post.
Supporters of Mohiuddin say residents who built homes near The Hitching Post knew it was commercially zoned before they moved in.
During the meeting, council member Dave Waldron expressed support for Mohiuddin, but claimed he has not followed through on commitments he made to the council in the past.
“It is a very viable business. It's obviously a very popular business. There are issues of parking that need to be resolved," Waldron said. "It is true that we have been told on many occasions that things would happen and they don't happen. I think it's too bad because I think you have a great business out there. However, when you come to council and say you will do something you need to follow-up with that. But I think it's important to understand nobody is trying to shut down your business."
Regular customers at The Hitching Post Saloon say they don't believe Mohiuddin is being treated fairly. Recently, several of them lavished praise in interviews with 12 News about how Mohiuddin has given back to the community and created an outlet for youth through bull-riding and mutton busting.
"I believe the community he (Mohiuddin) has built here treat him very well," said customer Dustin Howell. "I believe there are other people though, and I don’t want to name names, who possibly frown on the fact he is an outsider. Because he’s from Pakistan, that possibly plays a role in the harassment and discrimination that’s going on against Mo."