ACLJ Amends Lawsuit to Stop Ground Zero Mosque; Asserts Mayor Bloomberg Exerted Political Pressure to Get Mosque Approved

(Washington, DC) The American Center for Law and Justice (ACLJ), which represents Tim Brown, a New York City firefighter who survived the 9-11 terrorist attacks, is serving an amended Article 78 petition and memorandum of law today to stop the proposed Ground Zero mosque development - raising important questions about whether Mayor Michael Bloomberg used political pressure to get a city agency to approve the project.

"Mayor Bloomberg was very vocal about his support for the mosque but has decided to remain silent - and to ignore requests for critical information - about his involvement in the approval process," said Jay Sekulow, Chief Counsel of the ACLJ.  "By refusing to provide pertinent information about his involvement in the project, the Mayor is ignoring the very laws that he has sworn to uphold.  The people of New York City deserve to know what role the Mayor played - what political pressures were employed to jam this project through?  We will continue to aggressively pursue our legal challenge to the mosque and remain hopeful this mosque will never be built on this site." 

The lawsuit, which initially just named the Landmarks Preservation Commission (LPC), has been amended to name as respondents the New York City Department of Buildings (DOB), the owners of the proposed development and project, and Mayor Bloomberg. 

The amended suit specifically alleges that "the LPC acted in an arbitrary, capricious and unreasonable manner and allowed the intended use of the Building and political considerations, including pressures from New York City Mayor Michael Bloomberg, who appoints the LPC commissioners, to taint what should be a deliberative, unbiased and apolitical process.  This was accomplished in violation of procedural safeguards set forth in the New York City Charter and Administrative Code of the City of New York." 

Further, Mayor Bloomberg and his office have refused to provide any information requested under the Freedom of Information Law (FOIL) - documents that the amended lawsuit contends "will shed light on any political influence or pressure placed during the landmark process."

In addition, the petition also alleges the following:

-  The LPC abused its discretion by fabricating immaterial standards to justify its disparate treatment of the proposed mosque site and 23-25 Park Place, a virtually identical replica that was unanimously designated a landmark in 2007;

-  The LPC only paid lip service to the historical importance of the site in light of the damage it suffered on September 11 when the landing gear of one of the hijacked planes crashed into the building, with one Landmarks Commissioner even comparing the significance of the building to a highway guardrail;

-  According to a Federal Emergency Management Agency (FEMA) report, the property is one of just a handful of buildings to suffer major damage on September 11 and still remain standing; and

-  The proposed development site continues to be occupied without a valid certificate of occupancy or temporary certificate of occupancy, possibly in violation of DOB regulations.

The ACLJ, in addition to seeking to have the LPCs decision overturned, is also requesting an injunction against the DOB from issuing any building permits and disclosure of all relevant information from public officials and agencies named in the suit through FOIL. 

The ACLJ represents Tim Brown, a firefighter and first responder, who survived the Twin Towers collapse and lost nearly 100 friends. 

The ACLJ filed its initial lawsuit with the Supreme Court of the State of New York in August.  It is posted here.  The amended complaint is being served today to the respondents. It 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.