Michigan: Fed judge rules Dearborn sharia-enforcement violated Terry Jones’s constitutional rights

via Pastor Terry Jones Wins Case Against the City of Dearborn; Victory for the Thomas More Law Center | Thomas More Law Center.

Federal District Court Judge Denise Page Hood of the Eastern District Court of Michigan, late Friday entered a summary judgment in favor of Pastor Terry Jones and his organization, Stand up America Now, against the City of Dearborn.   Judge Hood ruled that Dearborn’s ordinance requiring Pastor Jones’s organization to sign a sweeping indemnification agreement as a condition for permission to speak on public property in front of a Dearborn mosque violated Jones’s First Amendment rights of Freedom of Speech and Freedom of Expressive Association.

The Thomas More Law Center (TMLC) filed the federal lawsuit on behalf of Pastor Terry Jones, associate pastor Wayne Sapp, and their organization Stand Up America Now on April 2, 2012 after the City of Dearborn demanded that they sign a “Hold Harmless” Agreement as a requirement for a special events permit for the event scheduled for April 7, 2012.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, applauded Judge Hood’s decision: “Judge Hood’s ruling upholds a bedrock principle of the First Amendment, that government cannot inhibit the expression of an idea just because some find the idea offensive.  This principle is in stark contrast to those nations ruled by Sharia law. The fact that some may find Pastor Jones a controversial public figure or object to his message is even greater reason for Dearborn officials to ensure his right to free speech was protected.  So despite the fact that Dearborn has one of the largest concentrations of Muslims in America, the City should have protected Pastor Jones’s right to free speech, not contrive a way to impede it.”

The TMLC attorney Erin Mersino who handled the case, added, “Judge Hood in her ruling clearly recognized that our clients were subject to the unbridled discretion of the City’s legal department, and that in order to exercise their constitutional rights to free speech on public property, they had to surrender many of their other civil rights.”

Mersino continued, “This requirement was not only unconscionable; it was unconstitutional.”

Pastors Terry Jones and Wayne Sapp founded Stand Up America Now for the purpose of proclaiming the Holy Bible to Muslims and educating people about the threat of Sharia law to our Nation’s fundamental principles of freedom.  As part of their outreach efforts, Jones and Sapp travel across the country speaking about Christianity at Muslim events and mosques. The proposed event scheduled for April 7, 2012 consisted of speeches and flyer distribution on a public grassy median directly across from the Dearborn Islamic Center, the largest mosque in North America.

After the lawsuit was filed, TMLC attorney Mersino, obtained a temporary restraining order from the Court which allowed Stand Up America Now to proceed with their special event without signing the “Hold Harmless” agreement. Realizing their untenable legal position, mere minutes before the court granted the order, the City withdrew its previous demand for a signed “Hold Harmless” agreement, and ignoring their own ordinance, decided to grant the permit. The TMLC nevertheless continued the case because the ordinance requiring a “Hold Harmless” agreement was still on the books.  Consequently, the City could again violate the constitutional rights not only of Pastor Jones, but also of others who may want to exercise their free speech rights in the future.

In granting the Summary Judgment in favor of Plaintiffs, Judge Hood held that Plaintiffs cannot be required to waive their right to hold the City liable for its otherwise actionable conduct as a condition of exercising their right to free speech. Additionally, Judge Hood found that the Hold Harmless agreement would require the Plaintiffs to assume legal and financial responsibility even for those activities at the event that were outside of their control, including activities of the City itself.

Previously, the TMLC successfully represented Pastor Jones and his associate Wayne Sapp in November of 2011 after they were jailed by Dearborn police for attempting to protest Jihad, Sharia Law and the radicalization of Muslims in America.  In that case, a State District Court judge ordered that they sign a ‘Peace Bond.’   However, the TMLC overturned that order on appeal.

Judge Hood’s entire 12-page ruling can be read here.

12 Responses

  1. Finally, some sane rulings from the court.

  2. Islamic scum are getting their just rewards. All Muslims living in America need to start paying the revese-jizya.

    A special tax on all Muslims should be collected to pay for the surveillance required of the Muslim community to protect REAL Americans from their barbarism. Of course, deportation is even better.

    If the tax is high enough, Muslims will either abandon Islam or self-deport as they will not be able to afford to live here.

    Eliminate Islam in America now!

    • A great victory for sanity & the freedom of speech!

      Justice was served.
      :)

    • what a perfect legislative idea. conservative benefit yet force payment, something liberals always love. coercion. get the Muslims out by making their wallets miserable.

  3. Muslims. Our way or the highway (or waterway as the case may be).

  4. It is my prayer, that America will once again be worthy of God’s blessings, but first America must humble ourselves and invite him back, and make him welcome.

    Before America fires one missile, or puts one boot on the ground, we need a REAL American as Commander-in Chief, instead of the Traitor Obamas. America’s hero Warriors have given America a blank check, and sworn “to defend the Constitution of The United States of America, against all enemies, both foreign and domestic.” Stop dishonoring the sacrifices of America’s Patriots, by forcing them to follow this Traitor. Impeach him and gang of Traitors already.

    The Constitution of The United States of America is the supreme law of the land. To many of our elected officials, and those that they have appointed, illegally pass laws that are Unconstitutional, and are approved by The Supreme Court. As American Patriots, we need to Recall Congress, Impeach The Supreme Court, and charge Obama and Clinton, with Treason. We also need to Abolish the I. R. S. and the Federal Reserve Bank, and repeal the Patriot Act. We also need Term Limits, and to require all Congress members, and government employees to be on Social Security, with the same retirements that Tax Payers have.
    Oath Keeper since 15 Feb 1965.

    Like so many other government agencies, the NSA has become a self-fulfilling prophecy, which is one that alters actions and thus comes true. In order to justify their pay this agency has to find terrorist or terroristic threats, even if they have to create them.

    15 Feb 1965, I joined The Army of The United States of America. I was sent from my home, in Dallas, Texas, to Ft. Polk LA, for basic training. I walked into a classroom one day and found the topic was, “What it means to be an American.” I though I was born in America, and did not need to be told what it meant to be an American. I asked the instructor why we had to take the class, and he said that during the Korean War there were more POW defectors than anytime in history. The reason for that was that so many Americans took their citizenship for granted and knew nothing about the principles on which this country was founded. The reason for the mess America is in is because so few people have any idea what it means to be an American. Obama wants to get immigrants that can hardly speak English, let alone understand what this country was founded on.
    America Truth Restored is trying to educate people on what it means to be an American, where we will stop losing our God given rights.
    http://www.americantruthrestored.com/d.cgi/rg1393/home.html

    If more Americans understood The Constitution of The United States of America, they would recognize that our Fore Fathers were religious men, and were inspired when they set up this great country. Our government is supposed to be rule by majority, with respect for the minority, but we are now ruled by minority with OUT any respect for majority. The overwhelming majority of Americans believe in God and some form of religion, but God is being pushed out of our schools, and government, bu the minority who do not believe in God.

    One of the things that have made America a great country is that we are a melting pot of people from different cultures. This enables us to take the best parts of many cultures, but far too many immigrants today never assimilate into American culture, never learn English, never add to the American society, and try to change America into the country they left, and add cost to running out government by demanding special privileges, like government services provided in their native languages.
    This is not the first Amnesty Program, we did it once, and now it is expected, so illegal immigrants keep coming, because they think that they will be given Amnesty and Citizenship, but until they do, they milk the system.

    • Well said indeed. God bless you and all other proud Americans.
      These are trying times for the U.S., but I’m convinced that the traitors and subversives in Washington will all be rooted out by patriots, and receive harsh punishment for their attempted destruction of the greatest country in the world.
      Keep the faith!

  5. That’s the person I have been waiting on. Pastor Terry Jones. At least of all churches in America, this person has chosen to stand up for America. All the other Christian churches should hang their heads in shame for not standing up for their Lord and Savior.

  6. Thank God, we still have Judges who understand what our Constitution is all about, and Thank you to Terry for being brave enough to stand up to those here to conquer and not assimilate

  7. If they don’t want freedom of speech, they need to go to the country where they can be best accommodated. Thank God that a decent judge has the courage to set forth such a ruling. Islam gets NO special treatment here. Islam gives other religions persecutions elsewhere.

  8. “Thank God that a decent judge” We shouldn’t need a decent Judge!! All Judges should uphold our rights given to us by God and the Constitution, even if they hate the Constitution they are bound by law to uphold it. And if they don’t want to then they need to remove any Judge that fail to uphold the laws. Also if Judges don’t understand what the Constitution says then they need to learn what it says and mean. Judges can be replaced. This is America, if you want sharia law, which sucks and the moon god allah to rule your life then get the hell out of our country.
    I still say that the Navy Yard shooter has ties with islam. Peace to all non-muslims who agree.

  9. LIKE I HAVE ALWAYS SAID, DO AS THE MUSLIMS DO! FIGHT FIRE WITH FIRE! AND POUND THEM DOWM AT THERE OWN GAME. THE LOVE TO USE OUR CONSTITITION TO FIGHT THERE SICK GAMES, TO INFORCE SHARIA LAW HERE IN AMERICAN AND GET SPECIAL RIGHTS IN OUR SCHOOL SYSTEM’S. HORAY! WE ARE PLAYING AND WINNING OVER THEM BY USING THE SAME TASTIC’S KEEP SUEING THE MUSLIMS SCUM WHEN THEY CRY THERE CROCODILE TEARS OF RACISIM AGAINST THE POOR BARBARIANS

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