Florida Pastor Terry Jones Sues City of Dearborn
As the Quran-burning preacher prepares for a Saturday demonstration in Dearborn, he has filed a lawsuit over free speech rights.
Just days before his planned Saturday protest in front of Dearborn's Islamic Center of America, Quran-burning Florida pastor Terry Jones has filed a lawsuit against the city of Dearborn.
The suit, filed Monday by the Thomas More Law Center of Ann Arbor on behalf of Jones and Associate Pastor Wayne Sapp, alleges that the city has violated the two men's free speech rights. The claim is based on the fact that the city has asked Jones to sign a "hold harmless" agreement releasing the city of any responsibility for damage to his property or personal injury during his Saturday afternoon protest.
The city will not grant a permit to hold the protest on city grounds without the signed document.
"Plaintiffs should not be forced to sign a one-sided, unconscionable contract subject only to the unbridled discretion of the city's legal department in order to exercise their constitutional rights," Erin Mersino, TMLC’s attorney handling the case, said in the lawsuit. "The city's free speech restriction imposes an unconstitutional burden on plaintiffs' constitutional rights."
Jones, who is most famously known for his public burning of the Muslim holy book the Quran, announced in February that he will hold a demonstration on April 7 in front of Dearborn's largest mosque. The event will protest what he claims is evidence of Sharia Law in Dearborn, including the serving of Halal meals in Dearborn Public Schools.
Jones' two previous public demonstrations in Dearborn both led to arrests of counterprotesters.
Shortly after the Quran-burning in March 2011–which sparked international protests against Jones' actions, including violent backlash in Afghanistan–Jones had planned to host a demonstration in Dearborn in front of the ICA on April 15 of 2011. The city, however, denied his permit request due to space and safety concerns.
The Wayne County prosecutor's office then filed a complaint against Jones, asserting that they had reason to believe that Jones would breach the peace and incite a riot.
On April 22, Jones and Sapp were found "likely to breach the peace" by a jury in Dearborn after their planned protest brought them to the 19th District Court. In that decision, Dearborn Chief Judge Mark Somers ordered Jones and Sapp to pay a $1 peace bond each, and to stay away from the Islamic Center and adjacent area for three years. They refused, and were briefly jailed.
Jones and Sapp appealed the ruling, and a Detroit judge overturned the ban on Nov. 11.
Jones' planned protest this Saturday falls in between Good Friday and Easter.
DearbornGuy
7:39 am on Wednesday, April 4, 2012
There's a simple solution. Ignore him. Do not attend his rally. If a man speaks to an empty field, do his words have any meaning?
Youssef
7:49 am on Wednesday, April 4, 2012
Dearborn Guy, Well Stated!
Frank Kadaf
8:04 am on Wednesday, April 4, 2012
The great laws of this land should be upheld, but should not protect men to spread hate. Mr. Jones is only after the growth of personal wealth. I would rather see the city get sued then to allow him to speak. No one can put a price on personal injury or death if a riot should occur. As a tax payer in Dearborn, I would rather pay more then see violence.
Heike Boecken
9:06 am on Wednesday, April 4, 2012
Frank, in case you didn't know it, Terry Jones received hundreds of deaththreats, lots of them from peace loving Muslims! Freedom of speech is only valuable when we disagree, The truth was always offensive and Martin Luther King was only sucessful because he hit the street and said very uncomfortable things at this time. And there was violence. Would you questions the civil right movement because of this too? or do you prefer to sit on your backporch and enjoy your little safety and wait until its too late?
Heike Boecken
8:49 am on Wednesday, April 4, 2012
If we don't fight now it will be too late one day! It's only a matter of time when freedom is gone. In Dearborn freedom of speech is already gone. The city bows down out of fear or agreement. And many of them don't even have the guts to admit this and blame terry Jones. Watch out History repeat itself!
Ismail Bachir
7:18 pm on Wednesday, April 4, 2012
Dude, you just made me that much dumber just for reading your statements. Now hurry up and slap yourself before someone sees you...
Peder Blohm
9:21 am on Wednesday, April 4, 2012
Just ignore him and his group; this is another failure from the City’s legal department, and another lawsuit..! When will the City wake up?
cheryl
9:23 am on Wednesday, April 4, 2012
If Terry Jones is convinced that serving Halal meals in schools is evidence of Sharia Law, he should head out to West Bloomfield and protest the kosher meals they serve there.
Rita Dennaoui
2:08 pm on Wednesday, April 4, 2012
you took the words right out of my mouth. love it.
Jessica Carreras
9:35 am on Wednesday, April 4, 2012
Does anyone think the city is overestimating the response Terry Jones will get? In 2010, Westboro Baptist Church protested in the same spot and they had about 20 counterprotesters total. Last time Jones came to City Hall, the group across the street was much smaller. Might he have an even smaller turnout this time around?
John Dough
10:33 am on Wednesday, April 4, 2012
I cant wait until he comes!! Is he really coming this saturday??
Peder Blohm
10:34 am on Wednesday, April 4, 2012
“Do not fear the enemy, for your enemy can only take your life.
It is far better that you fear the media, for they will steal your HONOR”.
Don’t let the media blow this out of proportions; make it into a Muslim celebration if you have to be there, and get media on your side.
PS: Jessica, not directed at you....
marooned in Dbn
11:05 am on Wednesday, April 4, 2012
Since this man chooses to come to Dbn to protest against other ppls religions, I say that he should be allowed to come and do his thing. After all, comeing to Dbn seems to be constantly on his mind. Let him take a load off and say what he thinks he has to say, enough is enough. Let us treat him like any other visitor to our fair city and afford him no police protection, like my aunt Tilley from TN doesn't have when here. If unplesantry happens, then its on his head alone.
Rita Dennaoui
2:07 pm on Wednesday, April 4, 2012
well as Arab American, we need to consult with the folks in Birmingham if there are any issues in serving Kosher to their little ones. Personally, I like Kroger's brand. Too bad I plan on celebrating Easter - with cake and junk food Yea...:-)
Kathryn Maurin
4:45 pm on Wednesday, April 4, 2012
Shame on Thomas More Law Center for taking this case of this hateful man!
Susan
11:19 pm on Friday, April 6, 2012
It can be hard but in America we need to be tolerant of all peoples. We don't have to agree with Terry Jones, but we need to be tolerant of different people and their different views, religions, etc. Again, that does not mean we have to like them or agree with them, but in America they can think what they want and say what they want without consequence. Terry Jones is a peaceful law abiding American who harms no one. The Thomas More Law Center fortunately has done the right thing and restored Jones's American given rights. I hope Jones sues for millions. If there are any violent criminals at Terry Jones's speech they need to be arrested and prosecuted.
Lee Jacobsen
5:16 pm on Wednesday, April 4, 2012
I say let him come and do his thing. Last time he shot himself in the foot. Perhaps this time he will improve his aim. We all have the right to speak, and we all have the right to ignore.. I suspect most folk will look at a beautiful day, "what shall I do" and spending it listening to Jones will be far down the list.
Ismail Bachir
7:15 pm on Wednesday, April 4, 2012
LOL!!
Moe
6:51 pm on Wednesday, April 4, 2012
Although, I disagree with everything this fellow stands for he does have rights. It seems that the mayor and his Arabic supporters are intent on making the same mistakes they did last year. Last year he came and wanted to give a speech while standing in a public roadway. Groups opposed to him threatened violence if he spoke. Jones was arrested, given a show trial and convicted for what others threatened to do. The result, Jones got several weeks of free air time on the news and several thousands of dollars for his cause. He got a significant ruling against the city in court. Had the city and Arabic groups ignored him, he would have given his speech to 20 or so people and left town. The city came off looking bad. Despite the Mayor saying Muslim law does not prevail in Dearborn, to those out side the area we looked like a city willing to take this man's rights away because the local Muslims didn't like what he had to say.
Ismail Bachir
7:17 pm on Wednesday, April 4, 2012
I agree whole heartedly Moe. Well said, Thanks for sharing!
Joe P
7:56 pm on Wednesday, April 4, 2012
I think some of you may have faulty memories. While the judge, on appeal, did overturn Jones' arrest, it did so on a technicality, NOT because the "peace bond" law was improperly applied. The conviction was overturned not because the law was improperly applied, but because Judge Ziolkowski thought Judge Somers applied the wrong jury instructions, telling them the standard of proof was by a "preponderance of the evidence" instead of "beyond a reasonable doubt". In fact, the judge said it WAS reasonable for the city to keep Jones out of that area on the day (Good Friday) that he wanted to do his thing. They only think the judge Ziolkowski threw out as unreasonable was the 3-year ban that Judge Somers imposed.
According to this article, the prosecutor is appealing the overturning of the conviction based on the different standards of evidence.
So, while I'm not in favor of the city trying to shut Jones down, the court determined that it WAS reasonable for the city to impose restrictions on time and place, AND that the "peace bond" law WAS properly applied. Some of you seem to think otherwise. That's not what the judge ruled:
Joe P
7:57 pm on Wednesday, April 4, 2012
http://www.mlive.com/news/detroit/index.ssf/2011/11/judge_vacates_breach_of_peace.html
.cont....."When Jones vowed to protest in front of the mosque anyway, prosecutors sought and won a hearing to determine if Jones and Sapp were likely to breach the peace. A jury ruled by the preponderance of evidence that they were. The two men were ordered to pay a $1 “peace bond” and stay away from the mosque for a period of three years.
On appeal, Ziolkowski reversed that ruling. He said the jury should have been instructed to make their verdict based on a “beyond a reasonable doubt” standard instead of the lower preponderance criteria.
Wayne County Prosecutor Donn Fresard asked for and received a stay on the reversal, pending an appeal to the Michigan Court of Appeals.
Ziolkowski also threw out the order barring Jones and Sapp from visiting the mosque. While the judge said Dearborn’s desire to prevent any gathering, without regards to its content, at that location on that day was reasonable, he said banning the men for going to that site for a period of three years was “overly broad and restrictive.”
But Ziolkowski also ruled the breach of peace ordinance is constitutional, based on long established “time and place” speech restrictions. He also said the ordinance was properly applied in this case."
Susan
11:30 pm on Friday, April 6, 2012
The judges who took away Terry Jones's American given rights of free speech should be in jail for violating Terry Jones's rights of free speech. If someone gets unhappy about what Terry Jones says and commits a criminal act they are criminals and should be jailed and charged accordingly.