Anti--SLAPP Motion Granted To Dismiss Suit Growing Out of Ground-Zero Mosque Controversy

Forras v. Rauf, (D DC, April 18, 2014), is a remnant from the widely publicized battle over attempts in 2010 to construct a mosque and community center two blocks from Ground Zero in lower Manhattan.  New York City first responder Vincent Forras sued to prevent building of the mosque, claiming that it would be a nuisance, would inflict emotional distress and amounted to an assault.  In response to the complaint in that suit, Imam Feisal Rauf and the other defendants moved to dismiss, filing a memorandum of law that, among other things, said that Forras equates Islam with terrorism and has become "America's Spokesman of Bigotry." The suit was ultimately dismissed.

Meanwhile, however, Forras filed this lawsuit against Rauf and the other defendants alleging defamation, false light, assault, and intentional infliction of emotional distress from the statements they made in their memorandum of law seeking dismissal of the original lawsuit. Forras moves to dismiss under the D.C. Anti-SLAPP Act which provides for rapid dismissal of a lawsuit that is filed to chill speech about public issues.  The court granted the motion, finding that Forras had not shown a likelihood of succeeding on the merits of his claims.  The judicial proceedings privilege would defeat the defamation and false light claims.  Plaintiffs also failed to show that they are likely to succeed on their other claims, including their claim that the statements in the original court proceedings "put a de facto Fatwah on Plaintiffs."