Mosque Opponents' Next Move - Article 78

The Landmark Preservation Commission met today and by the time anyone reads this story, the results of their vote will already be a national new story. As expected by many, the Burlington Building will not get a landmark status, which would have been the easiest way to stop the Mosque at Ground Zero from moving forward. All nine of the members of the council spoke in a common voice, not surprising to the opponents of the Mosque because Mayor Bloomberg is quite outspoken in favor of it. At the end of the vote Daisy Khan, wife to Iman Faisel Abdul Raul, and vigorous supporter of this project, applauded loudly while others couldn’t believe in her complete insensitivity to those feeling of grief and pain of their loss at 9/11 and the intolerance of her and the Mosque planners.

However, this is a cause that some think is worth continuing the fight.

One of the organization that will continue to fight this project is the ADLJ, American Center for Law & Justice. Jay Sekulow, Chief Counsel for the ACLJ, is planning to file an Article 78 petition in the NY State Court to challenge the city’s actions in the name of their client, Tom Brown. Mr. Brown is a decorated NYC firefighter who was a first responder to the 9/11 attack who survived, but lost 100 of his friends. In addition, ADLJ will represent all of the thousands of opponents to this Mosque who signed their petition ‘Committee to Stop the Ground Zero Mosque. (see link below to sign petition)

This petition is part of the NYC Civil Procedure Law and Rules. one of the 3 Writs relates specifically to a ministerial nature Here is the link to read the writs. (Link: www.sheerinlaw.com/pdf/sheerinlaw.com-Article_78_eBook.pdf).

The ACLU makes the argument that in the Commission’s rush to judgment of the Burlington Building’s status as a landmark, their vote is “an abuse of discretion in the Commission’s decision.” The ACLU says that “It has been clear from the beginning that the city has engaged in a rush to push this project through – ignoring proper procedure and ignoring a growing number of New Yorkers and Americans who don’t believe this site is the place to build a mosque.”  The ACLJ presented their testimony in a letter  to New York officials urging city officials to landmark the site. “The building links two distinct periods in American history,” the ACLJ argues.  “It reflects the growth and rise of American free enterprise and stands as a symbol of America’s strength and survival in the face of brutal, sadistic terrorism.” Mr. Sekulow comments: “We’re poised to file legal action on behalf of our client to challenge this flawed decision and put a stop to this project. 

If you are interested in signing the petition please go to this link: (www.aclj.org/Petition/Default.aspx?sc=3612&ac=1)