Fed Court: NYC MTA Anti-Jihad Ad Ban Violated 1st Amendment Rights, Must Pay

Two-time losers. via American Freedom Law Center.

On Thursday of last week (7/16), the federal court hearing the case against the New York City’s Metropolitan Transportation Authority (MTA) for illegally refusing to display an anti-jihad advertisement granted the plaintiffs, Pamela Geller, Robert Spencer, and their non-profit organization, American Freedom Defense Initiative (AFDI), partial summary judgment and ordered the MTA to pay nominal damages. The court’s finding of liability and award of damages also opens the door for Geller and her co-plaintiffs to recover their legal fees and costs from the City’s transit authority. The controversial anti-jihad ad, referred to in the case as the “Hamas Killing Jews” advertisement, is displayed below.

Judge John G. Koeltl, presiding in the United States District Court for the Southern District of New York in downtown Manhattan, had earlier ruled on April 20 that the MTA’s refusal to run the ad out of fear that Muslims in New York might understand the ad to be advocating violence and would therefore rise up to murder Jews as Islamic worship, was unconstitutional.  In fact, Judge Koetl ruled that there was no evidence of any threat of violence.  Based on these findings, Judge Koeltl ordered the MTA to display the ad immediately, even before the court’s final judgment.

The court did, however, stay (i.e., postponed) the enforcement of its order for 30 days to give the MTA time to appeal or to work out the logistics of running the ad.  The MTA did neither.  Instead, it convened a public board meeting at which MTA board member Charles Moerdler ranted incoherently about hate speech and Geller’s newly proposed ads designed to expose wealthy Jews who support the BDS (boycott, divestiture, and sanction) movement against Israel.

At the conclusion of the meeting, the board voted to change the MTA ad policy by excluding all speech that, according to MTA officials, addressed “disputed” causes and issues.  On the heels of that decision, the MTA filed a motion to “dissolve” the court’s previous order requiring it to run the Hamas Killing Jews ad on the grounds that the MTA was no longer applying the “incitement” provision, but rather a “no political message” provision.  Judge Koeltl accepted the MTA’s argument and rescinded his earlier order requiring the MTA to run the ad.

The American Freedom Law Center (AFLC), lawyers for Geller and her co-plaintiffs, immediately appealed to the U.S. Court of Appeals for the Second Circuit Judge Koeltl’s decision to dissolve the earlier order requiring the MTA to run the Hamas Killing Jews ad.  Just last Friday, the Second Circuit granted AFLC’s motion to expedite the appeal.

Not waiting for the appeal on the injunction issue to wind its way through the appellate process, AFLC also immediately asked the district court to grant its clients judgment against the MTA for its initial decision to refuse to display the ad on the grounds of incitement—i.e., that it would spur violence, a claim the court flatly rejected.  Initially, the MTA opposed AFLC’s request, claiming that it was premature.  However, at the hearing on the matter, the MTA capitulated and agreed to a court finding that the MTA was liable for violating Geller’s, Spencer’s, and AFDI’s First Amendment right to free speech and further agreed to pay nominal damages.

An award for even nominal damages allows AFLC to seek reimbursement of its legal fees as the “prevailing party,” which will likely be in excess of $100,000.

David Yerushalmi, AFLC Co-Founder and Senior Counsel, explained,

“The MTA has long been a serial violator of the First Amendment—at least when it involves pro-Israel, anti-jihad speech.  The MTA will pay for this conduct just as it has in the past.  Moreover, we fully intend to win the appeal and force the MTA to actually run the Hamas Killing Jews ad.  The MTA and its board should not be permitted to play musical chairs with its ad policy just because they don’t like Ms. Geller’s viewpoint.”

Robert Muise, AFLC Co-Founder and Senior Counsel, added,

“It is remarkable the lengths that government officials will go to try and silence Ms. Geller’s anti-jihad message.  But I can assure you that we are more determined to defend the First Amendment against such politically-correct censorship.”

AFLC has now won two federal lawsuits against the MTA, one against the Washington, D.C. transit authority, and one against the Philadelphia transit authority on behalf of its clients, Pamela Geller, Robert Spencer, and AFDI.  Cases are still pending in Detroit, Boston, and Seattle, with a new case recently filed in Washington D.C.

 

Staten Island on alert after Muslims spotted transferring weapons in parking lot

How else are peaceful Muslims supposed to celebrate Ramadan? via Security Scare On Staten Island After Woman Spotted With Weapon « CBS New York.

(CBSNewYork) – A potential security threat is causing traffic headaches on Staten Island Friday.

The NYPD issued a “be on the lookout” alert after several people carrying what appear to be assault rifles were photographed at the Midland Beach parking lot.

The photos were taken by a retired member of the NYPD.

It is not yet clear if the weapons are assault rifles or paintball guns.

Police are searching for two SUVs with New Jersey license plates A83FCB and PSJ52V.


Update:

In an updated press release the NYPD said that firearms experts conducted a forensic examination of the photographs. The preliminary opinion of these experts was that the weapons in the pictures strongly resemble replicas of firearms used in “paintball” games. Interviews conducted by NYPD and FBI investigators in New Jersey have revealed that the registered owner of one of the vehicles indicated that he was planning to go paintball shooting with friends today. The investigation is continuing.” Police said.


If they were paintball guns, why is the investigation continuing?

End Muslim immigration. NOW!

Days after Tenn. jihad attack killed 4 Marines, Empire State Building will light green to end “Month of Jihad”

Muslims will be partying Saturday – another successful month of jihad in their history books. via Empire State Building.

On Saturday, July 18, 2015, the Empire State Building will be lit Green in honor of Eid al-Fitr.

empire-state-jihad-green


Not the first time the ESB has lit up for the month of jihad in a city where nearly 3,000 were killed by jihadis. Muslims have also plotted to bomb the Empire State Building and sued so they could make it their own personal mosque. Read those posts here.


NYPD finally tickets hundreds of cabbies illegally double-parked while praying in mosques

Will Sheik Deblasio void the tickets or fire the officer(s) who gave the tickets? via Hundreds of cabbies ticketed while praying in mosque | New York Post. h/t BNI

The NYPD went on a taxi ticketing blitz outside a mosque on the Upper West Side while drivers were inside reciting Ramadan prayers Friday, The Post learned.

At least one officer handed out nearly 100 tickets on the streets surrounding the Islamic Cultural Center on Riverside Drive near West 72nd Street, said cabby ­Mohammad Zaman.

“This is a special prayer time, a time for religion. We double-park here every Friday and they [allow it], but today they gave us all tickets, almost 100 cabs,” he said.

Zaman, who has been attending services at the mosque for nine years, was slapped with a dreaded orange envelope that held a $115 greeting for double parking.

“This has never happened ­before,” he said.

“I can’t help but to think they are being prejudiced. They don’t understand. We have to be here.”

His ticket incorrectly listed the violation date as Saturday, June 27, he said. The wrong date on the ticket could get him off the hook.

Ramadan this year is observed from June 17 through July 17.

A volunteer at the mosque said cops used to cut cabbies a break.

But this year, “maybe three or four times [this month] I’ve seen them go down the line giving tickets to cabs, and [they’re] getting strict again,” the volunteer said.

An NYPD spokesman said that while individual precincts may make accommodations in extenuating circumstances, such as the Ramadan observation, double parking is never authorized, citing, for example, the need for emergency vehicles to navigate the roads.

A source at the 20th Precinct, which covers the mosque, said he wasn’t aware of an organized ticket blitz.

He added that cops at the precinct have a good relationship with the mosque.

“It is mandatory in our religion to come to the mosque every Friday. It’s our duty. Other places they are OK with double parking — people do it everywhere here — but now they won’t let us? Most of us only come for one hour,” said cabby Mohammad Choudhury.

Driver MD Shomuz, who has been going to the mosque for six years, said, “No one has been given tickets before, but today ­everyone got one.”

“It’s frustrating, but what can I do?” he said.


Previous posts on the topic here.

 

Staten Island: Muslim Repeatedly Attempted to Stab FBI Agent During Terror Investigation

via Fareed Mumuni Accused Of Trying Stab FBI During Terror Investigation « CBS New York.

NEW YORK (CBSNewYork) — A Staten Island man attacked an FBI agent with the Joint Terrorism Task Force with a knife during a search of his home Wednesday morning, authorities said.

Members of the JTTF were searching Fareed Mumuni’s home when he allegedly attacked.

As CBS2’s Jessica Schneider reported, Mumuni was smiling in a photo taken six years ago when he graduated from a Staten Island education program called Youth Court. But on Wednesday morning, investigators said he “repeatedly attempted to plunge the kitchen knife into the torso of an FBI Special Agent.”

None of the stabs penetrated the agent’s body armor, and he suffered only minor injuries, according to the criminal complaint.

Mumuni, 21, also allegedly tried to grab another agent’s rifle during the incident.

“There was a whole bunch of cops out here. They were sitting here. They were in that house coming in and out; I saw FBI agents,” said neighbor Gilberto Gonzalez.

Mumuni had his home searched as part of the same investigation that resulted in the arrest of a Queens college student accused of planning an attack on New York City landmarks on behalf of ISIS.

Munther Omar Saleh, a 20-year-old college student in Queens, was arrested earlier this week.

According to the complaint against Mumuni, the JTTF was investigating a plot to provide material support to ISIS and that Mumuni and Saleh, along with others, are part of that plot. The identities of the others under investigation, or how many of them there are, were not included in the complaint.

Mumuni allegedly waived his right to remain silent and told investigators that he intended to travel to areas controlled by ISIS to fight, and, failing that, he intended to attack law enforcement officers here, according to the complaint.

Mumuni also told investigators that he kept the knife he used to attack the agent wrapped in a T-shirt in his bad, as well as another knife that was found in his mother’s car, just in case he had an encounter with law enforcement, according to authorities.

Saleh allegedly urged Mumuni to use a bomb to attack members of law enforcement and then to use a car to run over any responders, grabbing their weapons to shoot other victims, according to the complaint.

 

New York: Muslim student in Queens planned ISIS-inspired jihad attack

via FBI claims New York City student planned ISIS-inspired attack

Federal prosecutors have accused a New York City resident of planning an ISIS-inspired terrorist attack.

Munther Omar Saleh, 20, of Queens, N.Y., was arrested June 7 after undercover federal agents tried to pull over his car near the Whitestone Bridge. Instead of stopping, investigators said Saleh and an unidentified man jumped out of the car and ran toward the agent. Authorities said a knife was found on the man Saleh was with.

muntheromarsaleh

According to court documents unsealed Tuesday, Saleh had carried out several online searches about building and detonating various explosive devices, including pressure cooker bombs of the type used in the Boston Marathon bombing.

Saleh had been enrolled in an aeronautics program at Queens College since January and investigators believe that his knowledge of electrical circuitry would have helped him to construct a pressure cooker bomb or other explosive device.

The documents also alleged that Saleh expressed support for ISIS on social media, at one point tweeting in 2014 that he thought Al Qaeda was “too moderate.” Investigators claim Saleh also endorsed specific terrorist actions, like the January Charlie Hebdo massacre in France, the attack on last month’s “Draw Muhammad” cartoon contest in Texas, and the burning and beheading of a Jordanian pilot and a Japanese journalist, respectively, by ISIS.

The documents say Saleh came to the attention of law enforcement this past March 22 after a Port Authority police officer saw him walking near the George Washington Bridge. The documents say Saleh unexpectedly asked the officer if he could ride with him back to New York, a request the officer declined. The same officer spotted Saleh loitering on the bridge the following day, “looking around repeatedly while walking on the bridge.”

Saleh has been charged with conspiring to provide material support and resources to ISIS.


More:  FRIENDS SAY SALEH’S BEHAVIOR CHANGED

Long time family friend Sherrell Jordan told CBS2’s Marcia Kramer that she noticed a dramatic change in Saleh six months ago and knew something was up.

“I noticed some changes in his appearance,” she said. “About a year ago, he was very friendly and outgoing, but the last six months, he changed his appearance, grew a beard, shaved his head and his demeanor was totally different now, more dogmatic.”

Federal authorities accuse Saleh of preparing an explosive device, possibly a pressure cooker bomb like the one used at the Boston Marathon, to detonate in the New York metropolitan area.

Port Authority police spotted Saleh in March acting strangely on the New Jersey side of the George Washington Bridge on two consecutive days, authorities said.

The feds said he consented to an interview with the Joint Terrorism Task Force as well as to a search of his computer.

According to court documents, Saleh espoused jihadist beliefs online and openly supported ISIS activities via Twitter, including the Charlie Hebdo massacre in France, the burning to death of a Jordanian pilot and the beheading of a Japanese journalist. He also allegedly tweeted support for the terror attack in Garland, Texas in May.

A further investigation into Saleh’s activities uncovered possible plans to detonate an explosive device in New York City on behalf of the terror group, court documents said.

Investigators claim he also used his personal computer to search topics ranging from weapons and pressure cookers to eluding police and disguises.

The specific searches allegedly included “construction of a pressure cooker bomb,” “firearms,” “ammunition,” “bulletproof vests,” “drones,” and “New York City landmarks and tourist attractions.”

In May, an informant posing as a terrorist sympathizer said he spoke to Saleh, who reportedly said “I’m in NY and I’m trying to do an Op.”

A federal special agent said in court papers that it is believed an “Op” refers to an effort to conduct a terror attack.

Investigators also said Saleh tweeted on Sept. 10, 2014, “i fear AQ could be getting too moderate” — referring to al Qaeda.

Additionally, Saleh is accused of offering to translate ISIS propaganda into English for dissemination.

Speaking to Schneider earlier in the day off camera, Saleh’s father insisted that his son was just doing simple Internet searches and meant no harm.

“His son is just his son and I can’t believe that these things can happen to him,” said neighbor Elizabeth Taylor. “It’s really sad.”

Saleh was arrested Saturday when agents tracked his Jeep near the Whitestone Expressway. Saleh allegedly jumped out of his Jeep and stormed toward the undercover car.

“My son doesn’t even drive,” his father said. “How he drive a car?”

Saleh recently enrolled at a college in Queens that specializes in aeronautics and was taking a course in electrical circuitry, according to investigators.

In his original interview, authorities said Saleh told them he did not sympathize with ISIS.

 

As Muslim terrorists flourish, NYPD recruiting more… Muslims

When will the NYPD work to hire more Christians, Jews, Buddhists, Atheists, Satanists, and Santeria practitioners? via NYPD recruiting more Muslims

NEW YORK (AP) — The New York Police Department is working to recruit more Muslims, and is asking for help within the community to better refine outreach aimed at stifling the lure of overseas terror groups, officials said Monday.

Right now, there are about 800 Muslim uniformed police officers out of about 35,000, according to the NYPD Muslim Officers Society. Of those, only about 20 are higher ranked officials. Lt. Adeel Rana, commanding officer of the community affairs immigration outreach unit, said there has been a slow increase over the past decade, but it has been rapidly changing in the past year and a half.

“It’s changing every day; we are getting more and more recruits,” he said. “And as they see people of their own religion in uniform, their eyes brighten.”

So do the eyes of jihadists.

There has been an effort to increase openness and communication with the community since the new administration took over, stinging from a public outcry over the contentious stop, question and frisk policy and the surveillance of Muslims. A unit that investigated Muslims under the previous police commissioner was disbanded, and Commissioner William Bratton said Monday officials had worked hard to regain trust.

“We will not do anything to jeopardize that trust,” he said.

Instead, the public is put at higher risk.

In an effort to reach out to more recruits, the NYPD is also expanding a cadet program where college students are given stipends and fast-tracked to a job. Rana said officers also attend community meetings and fairs. A video played during the department’s annual pre-Ramadan conference showed dozens of uniformed officers who are Muslim saying: “We are your NYPD.”

Muslim leaders said they are encouraged by recruitment efforts.

And ain’t this something. The terror-friendly AP goes to the terrorist-named CAIR for comment.

“The more Muslims who work in the NYPD the better,” said Ibrahim Hooper, a spokesman for the Council on American-Islamic Relations. “This is a way to break down the mistrust and create bridges in the community. Where an informant breaks down trust, a law enforcement officer builds it.”

If it were up to Ibrahim, the entire NYPD would be Muslim and enforcing sharia law. He told a reporter his feelings back in 1993:

“I wouldn’t want to create the impression that I wouldn’t like the government of the United States to be Islamic sometime in the future,” he told the Minneapolis Star Tribune in a 1993 interview. “But I’m not going to do anything violent to promote that. I’m going to do it through education.”

Back to the NYPD:

The outreach is also meant to counter efforts by overseas terror groups to radicalize youth over the Internet.

John Miller, the department’s deputy commissioner for counterterrorism and intelligence, said the department is working with Islamic leaders and community members to figure out how to get a counterterrorism message out on the same platforms.

While rebuilding the relationship, he said, officials are working to reinforce a message: “You’re one of our communities and we are your police.”

September 11 is a far-gone memory now. John Miller, along with all those who appease the imams who train and harbor jihadists, should be fired.


And Breitbart reminds us we don’t have to even look back to 2001: NYPD Actively Recruiting Muslim Officers — After Muslim Executed NYPD Officers

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