Posted tagged ‘Islamic Society of Basking Ridge’

New Jersey: Court forbids residents to mention “Islam” or “Muslim” at public hearing on mosque construction

August 2, 2017

New Jersey: Court forbids residents to mention “Islam” or “Muslim” at public hearing on mosque construction, Jihad Watch

The Quicks reside within 200 feet of the proposed mosque construction in a zoned residential area. Yet, the settlement agreement prohibits them from describing the many unique features of Islamic worship which will impact design of the building, traffic density, water and sewage, traffic control problems, road construction, and parking arrangements. 

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Most Americans have no idea how severely imperiled the freedom of speech really is. I discuss in detail in my new book The Complete Infidel’s Guide to Free Speech (and Its Enemies). But as this fundamental freedom slips away, most people don’t even care. Look: Kardashians!

“Court: Residents Can’t Mention ‘Islam’ or ‘Muslim’ At Public Hearing on Mosque Construction; Thomas More Law Center Files Federal Lawsuit,” Thomas More Law Center, August 1, 2017:

ANN ARBOR, MI – In a settlement agreement, which reads more like an instrument of surrender, Bernards Township (“Township”), New Jersey officials agreed that, in addition to a $3.5 million payment to Islamic Society of Basking Ridge (“ISBR”), residents and citizens of the Township are prohibited from commenting on “Islam” or “Muslims.” at the upcoming public hearing to approve the settlement. Astonishingly, a federal judge approved the prohibition as a fully enforceable Order of the Court.

As a result of this suppression of speech, the Thomas More Law Center (“TMLC”), a national public interest law firm based in Ann Arbor, Michigan, yesterday, filed a lawsuit in the New Jersey Federal District Court on behalf of Christopher and Loretta Quick. The lawsuit was filed by TMLC affiliated New Jersey attorney, Michael Hrycak. Mr. Hrycak was assisted by TMLC staff attorney, Tyler Brooks. The TMLC is representing the Quicks without charge.

TMLC’s lawsuit alleges that Bernards Township’s settlement agreement constitutes a prior restraint on speech based on content, as well as, a violation of the Establishment Clause because it prefers Islam over other religions. The lawsuit asks the court to: declare that the settlement agreement is unconstitutional; and to enter a preliminary and permanent injunction against its enforcement….

The Quicks reside within 200 feet of the proposed mosque construction in a zoned residential area. Yet, the settlement agreement prohibits them from describing the many unique features of Islamic worship which will impact design of the building, traffic density, water and sewage, traffic control problems, road construction, and parking arrangements. According to the settlement agreement, ISBR is permitted to make statements concerning Christians and Jews and their places of worship, but in contrast, the Agreement prohibits commentary relating to Islam or Muslims. In fact, ISBR has previously discussed the Christian and Jewish religions and their places of worship.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented: “As we have previously documented, ISBR has taken the extraordinary step of concealing significant links on their website to a radical group named by the federal government as an unindicted co-conspirator in the largest terrorism financing trial in America history, the Islamic Society of North America (“ISNA”). ISNA is claimed by the Muslim Brotherhood as one of “our organizations.” According to internal documents seized by the FBI, the Muslim Brotherhood’s strategy is to engage in a “grand Jihad in eliminating and destroying Western civilization from within . . .”

Thompson continued, “While claiming that the Township had a religious animus against Muslims, ISBR hid from the public view its animus toward Christians and Jews, by not only hiding anti-Christian and anti-Semitic verses published on its website, but also hiding its significant ties to ISNA. Instead of standing up to defend its citizens against ISBR’s hate-filled anti-Semitic and anti-Christian bias, the Township colluded with ISBR’s “Civilization Jihad” by capitulating to payment of millions of dollars to ISBR, allowing the construction of the new mosque and Islamic center in violation of zoning codes, and now even suppressing speech concerning Islam or Muslims at a public meeting.”

In March 2016, ISBR filed a lawsuit in the New Jersey Federal District Court alleging that Bernards Township had discriminated against the Islamic Society when it declined to approve the construction of a large mosque on a lot that was far too small to handle the contemplated structure. And in November 2016, the United States represented by the U. S. Justice Department filed a second lawsuit against the Township on similar grounds. The settlement agreement covers both lawsuits….

Outrageous Unconstitutional Intimidation of Private Citizens Who Opposed Mosque Project; Thomas More Law Center Steps In

March 30, 2017

Outrageous Unconstitutional Intimidation of Private Citizens Who Opposed Mosque Project; Thomas More Law Center Steps In, Thomas More Law Center, March 28, 2017

(The township’s press release referenced in the last paragraph is dated November 18, 2016. The lawsuit had been filed on March 10th and, four days later, the Department of Justice “notified the Township that the DOJ was going to investigate the ISBR allegations.” The press release also states,

The private lawsuit and Plaintiffs’ issuance of punitive subpoenas on private citizens merely for participating in the land use process raise further Constitutional issues of free speech and privacy concerns. These invasive probes went so far as to require documents sufficient to show endorsements of, donations to, or associations with political campaigns from the local to the national level.

Among various concerns, we anticipate that the actions of the DOJ and Plaintiffs may well dissuade residents from participating in future land use hearings for fear of retribution from an applicant and the government.

Eight months after the suit was filed, the DOJ filed its own suit against the township. The DOJ should ask the court to dismiss the suit filed on its behalf and that filed by the Islamic Society of Basking Ridge. — DM)

ANN ARBOR, MI – If you speak out against building a mosque in your community, you may be slapped with a subpoena demanding all your personal documents, including emails, voicemails, text messages, and social media posts concerning Muslims, Islam, mosques, the Quran, Muslim worship or prayer services, wudu, imams, burkas, hijabs, Sharia, jihad, or anything else associated with or related to Muslims or Islam.

This was part of the harassment and intimidation experienced by scores of private citizens of the small New Jersey town, Bernards Township (also known as Basking Ridge), who spoke out at public hearings against a plan to build a disproportionately-sized mosque on a small piece of residential property.  The mosque project, sponsored by the Islamic Society of Basking Ridge (“ISBR”) and its president, Mohammad Ali Chaudry, was denied by Township officials for not complying with local building ordinances.

On March 10, 2016, ISBR and Mohammad Ali Chaudry sued Bernards Township in federal court, claiming various violations of the Religious Land Use and Institutionalized Persons Act.  Shortly after, ISBR had coercive subpoenas served on private citizens whose only involvement was voicing concerns at public planning board meetings about whether the proposed mosque complied with local building ordinances.

The United States District Court for the District of New Jersey recently granted the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, permission to represent, without charge, several of these citizens who desired to quash the coercive and abusive subpoenas.  Westfield, New Jersey attorney Michael P. Hrycak is assisting the Law Center.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented: “ISBR is setting a dangerous unconstitutional precedent by abusing a court process to chill and trample on the First Amendment Rights of private citizens whose only involvement was to speak out against the mosque at public hearings. Because the U.S. Supreme Court has held that speech at a public place on a matter of public concern is entitled to special protection, we will ask the Federal District Court to quash the subpoenas served on our clients as a misuse and abuse of the Court’s process.”

Lori Caratzola, described in the ISBR Complaint as a fervent and frequent objector to the mosque, was a prime target for ISBR’s personal attacks.  She was personally mentioned over a dozen times in their Complaint.  Yet she has remained steadfast in her opposition.  Ms. Caratzola commented:

“Being served with a Federal Court Subpoena to turn over all my personal communications including voicemails, social media, emails, notes wherein I make any mention of anything having to do with Islam is an absolute violation of my First Amendment rights. I was a citizen exercising my right to attend public planning board meetings about a land use application that affected my community.”

She continued:

“Dr. Chaudry’s clear intent was to embarrass, strike fear, silence and cause financial harm to any citizen who dared oppose his nonconforming project.  And if these subpoenas are allowed to stand, it will set a chilling precedent for all citizens who wish to exercise their Constitutionally protected right to free speech and to petition their government.

“I was named numerous times in the Complaint, yet as a non-party, I had no standing to challenge the lies and half-truths told about me.  After the Complaint was filed, mainstream media picked up and repeated these lies and half-truths.”

Caratzola concluded:

“I have lost days, probably weeks, devoting time to trying to find counsel – only to find most attorneys are afraid of challenging an Islamic group in today’s political climate.”

Attorney Karen Lugo, a specialist on constitutional law and zoning issues, echoed Lori Caratzola’s concerns:

“ISBR’s subpoena of private citizens’ communications with local government, as well as all personal email and social media statements related to ‘anything associated with or related to Muslims or Islam’ is in direct violation of speech protections enshrined in the Constitution and in Supreme Court rulings. ISBR’s blatant efforts to chill the free exercise of speech while intimidating local citizens with these subpoenas must not only be denied, but must be rebuked, by the courts.”

Cody Smith, another subpoenaed resident who opposed the Mosque, stated:

“The planning board did exactly what it should have done—set emotions aside and judge ISBR’s application solely on its merits and whether it complied with our local regulations. It’s unfortunate that Dr. Chaudry, the Township’s former mayor, has resorted to an all-out smear campaign and retaliation against residents who exercised their fundamental Constitutional rights of Free Speech in a public forum.”

Soon after ISBR’s lawsuit, DOJ investigators opened another coercive front by attempting to interview the private citizens who opposed the mosque.  Eight months later, the DOJ filed its own lawsuit against the Township.

Astonishingly, the DOJ was dismissive of an apparent conflict of interest between Mohammad Ali Chaudry and the DOJ’s chief investigator, Caroline Sadlowski, both of whom were serving together on the Center for Religious and Cultural Conflicts board at Drew University.

See Bernards Township Press Release here