{"id":301,"date":"2010-08-10T14:26:21","date_gmt":"2010-08-10T14:26:21","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2010\/08\/ground-zero-no-place-for-a-mos.html"},"modified":"2010-08-10T14:26:21","modified_gmt":"2010-08-10T14:26:21","slug":"ground-zero-no-place-for-a-mos","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2010\/08\/ground-zero-no-place-for-a-mos.html","title":{"rendered":"Ground Zero: No Place for a Mosque"},"content":{"rendered":"

Barry, <\/font><\/span><\/p>\n

<\/span>No one is advocating that mosques should not be built in New York City.  <\/span>There are many just as there are churches, synagogues and other places of worship. What we’re saying, on behalf of our client – a NYC firefighter and first responder who lost 100 friends in the 9-11 attacks – is that this particular Ground Zero site is not appropriate for this mosque.<\/font><\/span><\/p>\n

<\/span>Tim Brown, our client, and millions of Americans believe this site is sacred, hallowed ground.  <\/span>The landing gear of one of the hijacked planes crashed through the building.  <\/span>This building should be landmarked, a move rejected by a NYC commission panel.  <\/span>That’s why we have sued <\/a>the NYC Landmarks Preservation Commission charging that the city violated its own policies and procedures in rejecting landmark status and exhibited “an arbitrary and capricious abuse of discretion and contrary to decades of administrative precedent.” <\/span><\/span><\/font><\/p>\n

<\/span><\/span><\/font>Barry, I know you want to turn this into an issue about religious discrimination, but that is simply not the case.  <\/span>In fact, our position is consistent with our defense of America’s sacrosanct First Amendment ideals<\/a>.  <\/span><\/span><\/font><\/p>\n

<\/p>\n

As a legal matter, we are asking that government, indeed, apply the law faithfully and without regard to religion. That principle serves as the basis for our suit against the commission, which, we believe, improperly considered the proposed religious use of the property in deciding not to grant the property landmark status.<\/font><\/span><\/p>\n

In 2007, the same Landmarks Preservation Commission unanimously voted to grant landmark status to a nearly identical building, 23-25 Park Place, which is just one block away from the proposed mosque. Despite the fact that 45-47 Park Place is more historically significant – pieces of one of the hijacked planes crashed through the roof on Sept. 11 – the commission unanimously denied landmark status. The blatant double standard can be explained by the politically correct considerations surrounding the proposed religious use. That is unacceptable and a flagrant betrayal of the very religious agnosticism on the part of government that Mayor Bloomberg claims to embrace.<\/font><\/span><\/p>\n

Second, this issue, as the mayor stated, is as much about private rights as it is the role of government. Landmarked or not, the owners of 45-47 Park Place have a right to practice Islam in a mosque at that location if they so choose. The U.S. Constitution guarantees the right to do and say many things that are offensive – indeed, that is the bedrock of our constitutional system – but well-intentioned people, nonetheless, often choose not to do or say such things out of a moral concern for others. <\/font><\/span><\/p>\n

As the Anti-Defamation League <\/a>eloquently wrote in its statement opposing the project, “ultimately this is not a question of rights, but a question of what is right.” <\/span><\/font><\/p>\n

<\/span><\/font>Increasingly, Muslim groups and individuals are going on record saying that building the mosque at this site is like “rubbing salt in the wound<\/a>.”  <\/span><\/font><\/span><\/p>\n

And, 61% of New York State residents <\/a>say the mosque should not be built there citing concerns about sensitivity for those affected by the attacks.  <\/span><\/span><\/font><\/p>\n

<\/span><\/span><\/font>Our legal challenge is unfolding as new revelations come to light about the project and the people behind it.  <\/span><\/font><\/span><\/p>\n

It has now been revealed <\/a>that the developer does not own, but rather leases from Con Edison, a public utility, one of the two parcels needed for the mosque project.  <\/span>This fact creates a whole host of new legal questions and that will require the involvement of other public agencies, such as the Public Service Commission of New York State.  <\/span>This revelation also raises important questions about whether those behind the project misled the public and New York officials in order to get approval.  <\/span><\/span><\/font><\/p>\n

And, now we also discover that the U.S. State Department <\/a>is sending Imam Feisal Abdul Rauf, who is behind the Ground Zero mosque, on a taxpayer-funded trip to the Muslim world to promote what the government calls fostering a “greater understanding” of Islam.  <\/span>The move raises additional concerns about whether taxpayers may be helping him with the project’s $100 million fund-raising goal.  <\/span><\/font><\/span><\/p>\n

The State Department calls Iman Rauf a “distinguished Muslim cleric.” Guess it depends on your definition of “distinguished.”  <\/span>Imam Rauf <\/a>has, on at least one occasion, refused to declare Hamas a terrorist organization and in the days following the tragic attacks of September 11th said the United States was “an accessory” to the crimes of 9-11.  <\/span><\/span><\/font><\/p>\n

<\/span><\/span><\/font>Barry, there are a lot of questions – not about our commitment to protecting First Amendment rights – questions about the project and the people behind it.<\/font><\/span><\/p>\n

Our client is one of those private citizens who believes this project is an insult to the Sept. 11th  <\/span>victims’ memory and their families. His right to express that view – to fight this development politically and by ensuring that administrative agencies follow their own precedents and the rule of law, and to speak with the chorus of others who find the Cordoba House mosque at Ground Zero inappropriate – represents the essence of a free democracy. <\/font><\/span><\/p>\n

That right is not in tension with the First Amendment; it is the First Amendment.<\/font><\/span><\/p>\n

To subscribe to “Lynn v. Sekulow” click <\/font>here<\/font><\/a>.<\/span><\/span><\/font><\/font><\/span><\/span><\/span><\/font><\/font><\/span><\/font><\/span><\/font><\/span><\/span><\/span><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span> <\/p>\n","protected":false},"excerpt":{"rendered":"

Barry, No one is advocating that mosques should not be built in New York City.  There are many just as there are churches, synagogues and other places of worship. What we’re saying, on behalf of our client – a NYC firefighter and first responder who lost 100 friends in the 9-11 attacks – is that…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[139,346],"tags":[],"class_list":["post-301","post","type-post","status-publish","format-standard","hentry","category-first-amendment","category-ground-zero-mosque"],"yoast_head":"\nGround Zero: No Place for a Mosque - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. 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