SCOTUS favors Muslim beards in prison

If you can’t do the time, don’t do the crime. How passe. via Prisoner’s beard offers Supreme Court a game of inches.

WASHINGTON — It was a game of inches at the Supreme Court Tuesday.

A day after disposing of their most controversial and consequential cases — those involving same-sex marriage — the justices turned to the question of whether Muslim prisoner Gregory Holt’s half-inch beard could threaten the security of the Arkansas prison system.

Gregory ‘Abdul Maalik Muhammad’ Holt

No, most of the justices appeared to conclude — but they worried that the next cases might involve longer beards or other religious demands, with no end in sight. At what point, several of them said, should a state’s security interests surmount a prisoner’s religious rights?

“Religious beliefs aren’t reasonable. I mean, religious beliefs are categorical,” Justice Antonin Scalia said. “God tells you.”

“What do we do, just litigate a dozen cases until we settle on one-and-three-quarters inches?” asked Chief Justice John Roberts.

The issue before the court was Arkansas’ requirement that prisoners be clean-shaven, unless they have a medical reason for keeping a quarter-inch beard. While more than 40 state prison systems allow beards in general, Holt had agreed to keep his to a half-inch — virtually negating the chance he could hide weapons or contraband in it, and making it harder for him to change his appearance by shaving.

A law passed by Congress in 2000 was intended to protect prisoners’ religious rights, much like the Religious Freedom Restoration Act of 1993 was meant to protect religious freedom in general. That law was cited by the court in June when it allowed family-owned corporations with religious objections to be exempted from providing health insurance for contraceptives.

The justices appeared to agree that the law regarding prisoners does work in Holt’s favor. Several also belittled the state’s stated fears: that an escaped prisoner could hide a weapon or contraband in his beard, and change his appearance after an escape by shaving.

“Not one example has ever been found of anybody hiding anything in his beard,” said Stephen Breyer. And Justice Samuel Alito suggested that prison officials could just force inmates to comb through their beards. [CS: A comb is a deadly weapon in prison]

“Anything else you think can be hidden in a half-inch beard, a tiny revolver, it will fall out,” Alito said.

But Arkansas Deputy Attorney General David Curran noted that the state prison system houses inmates in barracks and employs them on maintenance jobs outside prison grounds, where they might engage in mischief.

“We’re not like California. We’re not like New York. They have cell-block housing,” Curran said. “A beard is one of the quickest and easiest ways to change one’s appearance.”

Holt, also known as Abdul Maalik Muhammad, convinced the court to hear his case with a 15-page, handwritten petition citing his desire to keep a beard as part of his Muslim faith. His grievance stems from the Arkansas Department of Corrections rule prohibiting beards unless medically required.


As we previously noted for readers:

This pious Muslim convert also threatened jihad on jurors, served prison time for threatening President George W. Bush’s daughters and wrote to jailers promising a deadly “jihad” inside the courtroom should “the verdict in my trial go south,” among other things.

Holt also wrote how he wasn’t bound by American laws, but only recognized the Shariah law of Islam.”

Apparently Alito et al agree with him.

Missouri: Muslim sex offender sues Greene County Jail for Koran

via Islamic inmate sues Greene County Jail. h/t Islamist Watch

Another Islamic inmate has sued the Greene County Jail under the federal civil rights act, saying he was denied a Quran and a prayer rug and was unable to attend Friday prayer services.

The sheriff in the past has said in response to similar claims that the jail does have Qurans. He declined to comment on the latest lawsuit.

Richard Ray McLendon Jr. sued the jail and the officer he identified as the program coordinator who runs religious matters, in a handwritten lawsuit filed in U.S. District Court.

McLendon, who is waiting to be sent to the federal prison in Marion, Illinois, on a two-year sentence, said in the lawsuit he wasn’t allowed to bring a Quran into the jail. McLendon, who was sentenced for violating supervised release in a sex offender case, wrote that he subsequently tried to have a Quran sent to him and also was unsuccessful.

“I was told to get someone from the outside to send it from the publisher,” McLendon wrote. “So I did and I’m still being denied. There are Bibles everywhere.”

Jim Arnott, the Greene County sheriff, last year generally described the accommodations afforded Muslims in the jail. That was after six Islamic inmates sued Arnott and other officials in federal court, claiming religious discrimination. That case is also pending, but only one plaintiff, Scott Fonseca, remains.

Arnott declined to address specific accusations in 2013 but said the jail has Qurans and that the kitchen will prepare meals at special times to allow for the observance of Ramadan. He said the jail relies on the Islamic Center of Springfield to provide a religious leader for the inmates.

Filings in the 2013 lawsuit said that during Ramadan, a month where observant Muslims fast during the day, Islamic inmates were fed peanut butter and jelly sandwiches for 30 days.

Muhammad was a child rapist too.

Connecticut: Council will pay $2M to mosque group to find new location

Blood money. An update on this story via Council approves $2 million package to halt mosque proposal on Fillow Street – Thehour.com: Norwalk. h/t JMS

UPDATE (9:37 p.m.): Common Council approves unanimously settlement agreement between city and Al Madany Islamic Center of Norwalk.

———–

NORWALK — Common Council members will consider Tuesday evening a nearly $2 million plan to find Al Madany Islamic Center of Norwalk a location other than Fillow Street to build its proposed mosque and multipurpose hall.

Under the terms of the new settlement agreement, as released by the city’s law department late Tuesday afternoon, the city would purchase Al Madany’s property at 127 Fillow St. for $585,000 — deemed the fair-market value — and pay Al Madany $925,000 in settlement of the center’s claims for damages in the litigation.

Meanwhile, The Connecticut Interlocal Risk Management Agency, the city’s insurance carrier would Al Madany pay $307,500 for out-of-pocket costs incurred by Al Madany, according to Corporation Counsel Mario F. Coppola.

The Common Council is scheduled to consider the agreement at its meeting this evening. The meeting is scheduled to begin at Norwalk Concert Hall at 7:30 p.m.

Per the agreement, the city would “work in good faith with Al Madany for no less than two years” to find an acceptable alternative property.

The city’s director of economic development, Norwalk Redevelopment Agency, director of planning and zoning, corporation counsel and mayor would assist in that effort.

“If and when Al Madany identifies an acceptable alternative property,” the City will reimburse Al Madany up to $215,000 for the reasonable out-of-pocket development costs incurred by Al Madany.

Those costs may include legal, engineering and architectural fees, and costs associated with landscaping services and traffic calming measures, but shall not include any costs of interior design relating to the exercise of Al Madany’s religious faith, according to Coppola.


Negotiating with terrorists. A lose lose proposition. Expect more litigation jihad in the future.

Victory Against Civilization Jihad: Muslim Forced to Dismiss Frivolous “Defamation” Lawsuit

The rare victory in the counter-jihad via Victory Against Civilization Jihad: AFLC Forces Muslim to Dismiss Frivolous “Defamation” Lawsuit | American Freedom Law Center.

A former “Multicultural Relations” officer at the Ohio Department of Homeland Security (OHS), who was terminated for falsifying his background and for lying about being fired from an earlier teaching position at a community college for improper sexual relations with a female student, filed a notice today in Ohio state court dismissing his “defamation” lawsuit filed against several national security experts.  In the lawsuit, Omar Alomari claimed that counter-terrorism experts Stephen Coughlin, John Guandolo, Patrick Poole, and Todd Sheets had defamed him by exposing his role as a former high-ranking official in the Jordanian government and his ties to terrorist organizations.  The American Freedom Law Center (AFLC) represents the counter-terrorism experts in this litigation.

Alomari, a Muslim who emigrated from Jordan in 1978, claimed that the experts cast him in a “false light” by publishing false statements about him and, as a result of these statements, the OHS fired him.  Just recently, however, a federal court determined that the OHS terminated Alomari because he lied about his prior relationships to undisclosed organizations on his OHS application for employment, and he also lied about the fact that he lost his teaching position at Columbus State Community College as a result of an inappropriate sexual relationship with one of his female students.

In Alomari’s lawsuit, he alleged that counter-terrorism experts Stephen Coughlin, John Guandolo, and Todd Sheets had defamed him during counter-terrorism workshops and training sessions conducted for the Columbus, Ohio, police department by exposing Alomari’s nefarious ties to terrorists.  Alomari also alleged that Patrick Poole had published articles linking him to terrorists.

Alomari’s notice of dismissal came in response to a letter sent on behalf of the experts by AFLC Co-Founder and Senior Counsel David Yerushalmi.  In his letter, Yerushalmi accused Alomari and his attorney of filing meritless and frivolous claims, and he gave them an ultimatum: either dismiss the frivolous claims by today or face a motion for sanctions.  Alomari chose the former, and his dismissal is with prejudice, ending this long-running litigation.

Yerushalmi commented:

“Alomari filed his original lawsuit in April 2013.  After we filed a motion to dismiss, rather than respond to our motion and defend his lawsuit, Alomari voluntarily dismissed his complaint without prejudice.  Under Ohio’s rules, this meant he could refile the lawsuit within a year.  Not surprisingly, he waited almost a year to the day and refiled essentially the same complaint.  This is classic Muslim Brotherhood lawfare doctrine: use and abuse the legal system to frighten anyone who might stand up to the Muslim Brotherhood and its ongoing effort to insinuate operatives into sensitive government positions.”

Robert Muise, also Co-Founder and Senior Counsel of AFLC, noted that this second voluntary dismissal is, by the court’s rules, with prejudice and finally brings this litigation to an end, remarking:

“AFLC is the only public-interest law firm that focuses on representing counter-terrorism experts and others pro bono who are threatened with litigation by the many Muslim Brotherhood front groups operating in this country under the guise of Muslim civic organizations.  AFLC has demonstrated time and again that when you confront Islamist lawfare with better and even more aggressive lawyering, the truth and the Constitution win out.  We want the counter-terrorism experts outside the government and those whistleblowers working for the government to know that AFLC is ready, willing, and able to defend their legal rights.  The time has come for patriotic Americans to stand up against the jihadist threat abroad and right here at home.”

 


Back posts here.

Connecticut: Norwalk zoning commission approves mega mosque, bows to Muslims & Fed threats (updated)

As usual, against the wishes of an overwhelming majority of residents. Muslims don’t care about making friends or co-existing with neighbors. Despite what the city’s attorney claims, there is no compromise. This is a lose-lose for city residents and another zoning jihad litigation victory for Muslims backed by Obama. via Mosque settlement gets a thumbs up from Zoning | Nancy on Norwalk. h/t jms Follow jms’ updates in the comments section.

NORWALK, Conn. – Amidst waves of anger and resentment from local residents, the Norwalk Zoning Commission voted 4-3 Thursday night to approve the Al Madany Islamic Center mosque suit settlement and clear the way for the settlement to advance to the Common Council.

The vote came at the end of a public hearing that drew hundreds of people to a not-quite-full Concert Hall.

Zoning Chairman Joe Santo and Vice Chairwoman Emily Wilson, who helped hammer out the settlement, split on the vote, with Wilson voting against it. Also voting in favor were Nora King, Adam Blank and Nate Sumpter. Linda Kruk and Michael O’Reilly joined Wilson in voting no.

With the exception of Santo, a Republican, the vote broke along party lines, with three Democrats in favor and three Republicans against.

The settlement now goes to the Common Council for a vote on the financial aspects. The deal calls for $145,000 to be paid by the city and $162,500 by the city’s insurance company to the Al Madany legal team for expenses related to the suit. The city will also pay the Stonegate Condominium Association about $45,000 to install a gate across the parking lot entrance to keep non-residents from parking there.

The Council is expected to take up the item on Tuesday’s agenda (Sept. 9). Mayor Harry Rilling has called for an executive session at 6:30 p.m. Monday to discuss the settlement.

“We listened to all the comments and I think they all had valid points. I think we have a lot to digest and we’ll see where we go from here,” Rilling said.

Residents took turns bashing the idea of a mosque at 127 Fillow St. and claiming the city was being “bullied” into accepting it. Some said the issue had already caused property values to plunge as residents begin to move out.

At issue is Al Madany’s desire to build a 42,442-square-foot mosque and accessory building on 1.559 acres at 127 Fillow St. in West Norwalk. The Zoning Commission denied the application in 2012, citing the size of the project along with parking and traffic concerns. Al Madany then sued in June 2012, claiming that the project was within zoning parameters and that the city was causing an undue burden on the practice of its religion. After the judge in the case and the U.S. Attorney’s Office urged thee parties to find common ground, Al Madany and Norwalk entered settlement talks in January (see atttached settlement documents for changes in project).

Failing to settle and going to trial would be costly, the lawyers have said., reportedly anywhere from $ million if the city were to win and $10 million if it were to lose and be forced to pay Al Madany’s legal team. Thursday night, the ante went up: One lawyer said it cost Norwalk taxpayers $15 million to go to trial and lose.

Nationally recognized attorney Marci Hamilton, an expert on and ardent foe of the Religious Land Use and Institutionalized Persons Act (RLUIPA), told the crowd, “Your anger should be directed at the United States Congress” for passing the controversial RLUIPA law under which Al Madany filed suit.

“At issue is what is required under federal law. This attorney fee payout is the lowest I have ever seen.”

She said “You are dealing with a combination of land use and future tax burden,” and recommended settling the case.

Planning Commissioner Victor Cavallo made a point of order and said the Zoning Commission has no authority to vote on the issue because there is no application before it.

Former Corporation Council Peter Nolin said, “Shame, shame, shame on the lawyers,” calling their words bad advice and saying Norwalk should find the mosque a different location.”

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Minnesota: Obama DOJ Sues to Force Another Mosque on America, City Fights Back

Another mosque from which to recruit Muslims to wage jihad.

Not the first time terror-friendly Eric Holder’s Dept. of Jihad has done this.

Creeping Sharia told you about the situation in St. Anthony back in 2012 and even warned that Americans didn’t stand a chance against the Feds & Hamas-CAIR, in Feds assist terror-linked CAIR to force mosque on Minn. town.

The latest via Obama’s DOJ Sues Minnesota City for Rejecting Islamic Center.

The Department of Justice has announced that it is suing the small town of St. Anthony, Minnesota, after a two-year investigation into the town’s denial of a permit to create an Islamic cultural center.

The DOJ claims that the north Minneapolis town broke a federal law when it rejected the center in 2012.

“An injustice has been done,” U.S. Attorney Andrew Luger said on August 27. “I will not stand by while any religious group is subject to unconstitutional treatment that violates federal civil rights laws.”

Apparently Luger will stand by when Minnesota mosques are used to recruit Muslims to wage jihad abroad, when Muslims threaten to shoot up schools, and when millions of illegal aliens – including known murderers, gangsters, rapists and Islamic terrorists – waltz across the border. He’ll stand for all that.

The DOJ claims that the city violated the law when it refused the Abu Huraira Islamic Center the right to create an Islamic cultural center in the basement of the St. Anthony Business Center. The DOJ cites a violation of the Religious Land Use and Institutionalized Persons Act that was enacted in the year 2000.

In his press conference, Luger said that if local voters rose up to force their politicians to allow the Islamic center to be established and follow his interpretation of the law he would consider withdrawing the lawsuit.

Lugar may be putting hope in the wrong people, however, as many voters actually spoke out against the center at a city council meeting in June of 2012.

But the city fathers insist that the decision to deny the permit is based solely on zoning issues and had nothing to do with religion.

“Religious uses of any type are allowed in the vast majority of the city,” City Attorney Jay Lindgren said. “They are just not allowed in the roughly 5 percent of the city reserved for industrial uses. … An industrial zone is designed to create jobs and be an economic engine.”

We have an entire category of this recurring theme of Muslims disregarding U.S. law titled Zoning jihad.

To buttress its case, the DOJ claimed that there were examples in the past of the city allowing some religious groups to use the zoned areas and also allowing non-industrial uses. But Lindgren said that the city has denied permits to religious sects other than Muslims in the past, proving, he said, that the town isn’t discriminating against Muslims.

“The city will vigorously defend its actions,” Lindgren insisted this week. “Doesn’t matter whether it’s a mosque, synagogue, church–none are allowed in the area intended for manufacturing and offices where jobs are put into place.”

Good for the city. Citizens should stand and fight with their elected officials as the federal bureaucrats continue to disregard states rights, the Constitution and any law they don’t like.

Kansas: Muslim convicted of murder & on trial for child rape sues jail over Ramadan meals

A murderer and child rapist, as was his Prophet. via Muslim inmate sues Shawnee County Jail over religious rights | CJOnline.com.

Shawnee County Jail inmate Eddie A. Gordon Sr., a practicing Muslim and convicted murderer facing sex crime charges, filed a federal lawsuit Tuesday seeking $2 million and alleging his religious rights were violated.

Gordon, acting as his own attorney, filed the lawsuit in a 15-page handwritten petition submitted to U.S. District Court in Topeka.

Defendants listed include the Shawnee County Jail; Aramark, the jail’s food service provider; Brian Cole, director of the Shawnee County Department of Corrections; and Timothy Phelps, a major in that department.

Shawnee County counselor Rich Eckert said Thursday: “The Shawnee County Department of Corrections abides as close as constitutionally possible to the religious dictates of various religions including diet, reading materials or other needs of faith. We are confident Mr. Gordon was treated in an appropriate manner and look forward to this baseless lawsuit being dismissed in a timely manner.”

The lawsuit petition contends Gordon at one point wasn’t fed for 28 hours during the season of Ramadan, when Muslims for 30 days fast from dawn until after sunset.

The petition added that when Gordon was fed, his Ramadan meals were cold and unbearable to eat.

Shawnee County District Court records indicate Gordon, 25, is awaiting trial on charges of rape of a child younger than 14 years old and attempted aggravated criminal sodomy to a child younger than 14.

A jail official said Thursday that Gordon is to be returned to the Kansas Department of Corrections when prosecution is complete in the sexual assault case.

Gordon became a state prison inmate after being sentenced in October 2011 to about 23 years in prison for intentional second-degree murder in the November 2010 gunshot slaying of 24-year-old Vincent G. Lambert at a home in the city’s Oakland community.

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