ACLJ Files Lawsuit Challenging Landmarks Commission Vote that Cleared the Way for Ground Zero Mosque

"The city has engaged in a rush to push this project through - ignoring proper procedure and ignoring a growing number of New Yorkers and other Americans who don't believe this site is the place to build a mosque," said Jay Sekulow, ACLJ chief counsel.

WASHINGTON, Aug. 4, 2010—The American Center for Law and Justice (ACLJ), which is representing a New York City firefighter who survived the 9/11 terrorist attacks, today filed a lawsuit against the New York City Landmarks Preservation Commission (LPC) at the Supreme Court of the State of New York.  The ACLJ wants the court to nullify a decision yesterday by LPC - a decision that denies landmark status to an historic building and clears the way for an Islamic mosque to be built on the site.  

The lawsuit charges that the city violated its own policies and procedures in rejecting landmark status and "acted in an arbitrary, capricious and unreasonable manner and allowed the intended use of the building and political considerations to taint the deliberative process."

"This legal challenge clearly points out the fact that the city did not follow its own rules and procedures in this case," said Jay Sekulow, the ACLJ's chief counsel.  "The deliberative process was tainted and violated procedural safeguards that have been in place for years.  We're hopeful that the court will nullify the Commission's vote and conclude what most New Yorkers and Americans understand - this site is sacred ground and not the place to build a mosque."

The lawsuit charges that the city violated the New York City Charter and the New York City Administrative Code.  The ACLJ argues that the city failed to properly review and consider the public comments about the project, acted hastily in voting to deny landmark status, and failed to acknowledge the significance of the site as an historic and hallowed landmark from the tragic attacks of 9/11.

The ACLJ also points out that the building had been under consideration for landmark status long before 9/11 and that the designation is even more appropriate now since part of a hijacked plane from the 9/11 attacks crashed through the roof of the building.

"The land use process of New York City now threatens to do what the terrorists failed to accomplish and destroy a building that has been under consideration for landmark status for 20 years," said the ACLJ in its legal challenge.

The ACLJ is urging the court to nullify the decision and order the LPC to reconsider the issue in accordance with proper procedure and law.  The court is expected to set a hearing date for the lawsuit in October.

The ACLJ represents Tim Brown, a firefighter and first responder, who survived the Twin Towers' collapse and lost nearly 100 friends and colleagues.  The ACLJ also has heard from thousands of Americans who have signed on to the Committee to Stop the Ground Zero Mosque.

The lawsuit is posted here.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.  Its online newsroom is available at DeMossNews.com/ACLJ.