Top French Court Invalidates Burkini Ban

France's top administrative court-- the Council of State-- today overturned the ban on burkini swim suits imposed by the town of Villeneuve-Loubet.  According to France 24, the court ruled that restrictions on individual liberties are justified only if there is a "proven risk" to public order. Some 30 French towns have adopted similar restrictions on the full-body swimsuit worn by Muslim women, justifying them as a provocation in light of recent terrorist attacks in France.  Today's ruling presumably sets precedent that will invalidate all of these. (See prior related posting.)

UPDATE: Here is the full text (in French) of the Council of State's decision in the case.

Suit Seeks $25M Damages For Islamophobic Bullying of Special-Needs 12-Year-Old

Islip Patch reports on a federal court lawsuit filed Monday by the parents of a 12-year old Muslim special needs student alleging that he was the victim of Islamophobic harassment by fellow-students and school personnel of the East Islip, New York School District. According to the complaint, Nashwan Uppal (whose family is from Pakistan) was bullied by a group of students who called him a terrorist and asked him what he was going to blow up next. Thinking "terrorist" meant "tourist," Uppal eventually said he was going to blow up the fence.  The next day Uppal was interrogated by the principal and assistant principal who searched his backpack and locker and demanded that he write a confession that he was part of ISIS. Subsequently he was questioned by police while his mother waited outside the school.  New York Post adds:

Officials eventually let [Uppal] call his mother, Nubaisha Amar, who was told her son had pledged allegiance to ISIS and was going to blow up the school. Cops escorted mother and son back to their home before searching the entire house and concluding he was no threat. But Uppal was suspended for a week for “criminal activity.”

The suit seeks $25 million in damages for severe and extreme emotional distress.

Florida County Elections Supervisor Removes Mosque As Polling Site After Complaints

The Palm Beach Sun-Sentinel last week reported that Palm Beach County, Florida Elections Supervisor Susan Bucher has reversed her decision to make the Islamic Center of Boca Raton a polling location in the August state primary elections. After receiving some 50 complaints, she moved the polling site to a public library.  A CAIR press release yesterday called the move discriminatory, and said it would request reinstatement of the original decision, in light of the fact that churches and synagogues regularly serve as polling stations. CAIR also says it will file a public records request for all communications relating to the move. A CAIR spokesperson said:

The supervisor of elections is evidently targeted by an organized lobbying campaign spreading fear and Islamophobia. Her discretion to designate or remove polling sites must never be based on religious, racial or ethnic bias...

New Report on Islamophobia In the United States

Yesterday the Council on American-Islamic Relations and the Center for Race and Gender at UC Berkeley released a report titled Confronting Fear: Islamophobia and its Impact in the U.S. 2013-2015.  The report suggests four priority areas in creating a national strategy to further American understanding of Islam:

1. ... [E]nhancing Muslim involvement in the issues of other domestic communities which face challenges to full and equal protection and participation in society.

2. Establishing in the public conscience that Islamophobia is identical to other forms of prejudice and undermines American ideals.

3. Empowering a diverse range of legitimate voices to persuasively contribute, particularly in the news media, to the views of Islam and American Muslims within public dialogue.

4. Enhancing community ability to impact U.S. political and policy life through public service, voting, and meaningful political contributions.

Examining the impact of Islamophobia in the United States, the report finds:

The U.S.-based Islamophobia network’s inner core is currently comprised of at least thirty-three groups whose primary purpose is to promote prejudice against, or hatred of, Islam and Muslims.... Between 2008 and 2013, inner-core organizations had access to at least $205,838,077 in total revenue. 

CAIR Launches Satirical Ad To Combat Islamophobia

The Council on American Islamic Relations yesterday announced the launch of a satirical social-media public relations campaign to combat Islamophobia.  CAIR is distributing ISLAMOPHOBIN®, a mock-medicine (actually sugar-free gum) designed to "cure" Islamophobia. The colorful package says that the product cures such things as "blind intolerance."  Among the package label warnings is this:

Those who already believe in religious diversity, tolerance and mutual understanding should not use this product. For those who hold bigoted stereotypes of Muslims and subscribe to Islamophobic conspiracy theories, use of this product may result in feelings of remorse and/or guilt.

Provocative Anti-Muslim Rally Planned For Atlanta

According to yesterday's Atlanta Journal Constitution,  after the Georgia Building Authority rejected a request for a permit to hold a "United against Islam and Islamic immigration refugee rally" at Liberty Plaza across from the state capitol, authorities now expect a non-permitted, anti-Islamic protest on the sidewalks of the Georgia State Capitol on April 18.  The protest's organizer James Stachowiak, founder and editor of Freedom Fighter Radio, said that speakers at the rally will focus on the threat from Islamic immigration and refugees. He added:

We also plan to shred images of Obama, Loretta Lynch, Hillary Clinton and Muhammad along with the shredding of the Koran. This will be an open carry event with the use of long arms as Georgia law allows.

CAIR-Georgia reacted with a press release stating in part:

We encourage these protesters to put down their guns, cancel their unsanctioned rally, and meet with representatives of our state’s Muslim community for an open and frank discussion of their concerns.

Army Reservist Sues "Muslim Free" Gun Range

The ACLU of Oklahoma announced yesterday that it, along with the Oklahoma chapter of CAIR, has filed a religious discrimination suit against an Oktaha, Oklahoma gun range that advertises itself as a "Muslim Free Establishment."  The complaint (full text) in Fatihah v. Neal, (ED OK, filed 2/17/2016), contends that plaintiff, a member of the U.S. Army reserves, was denied access to the gun range because of his Muslim faith. News 9 reports on the lawsuit.

Calligraphy Assignment Involving Shahada Leads To Early Winter Break For Virginia Students

As reported by CNN, on Thursday afternoon Augusta County, Virginia school officials shut down all the schools a day early for winter break after information about a World Religion assignment handed out a week earlier received broad coverage and triggered threats to the school system.  At issue was an assignment in a high school world geography course-- taken from a standard workbook, World Religions, first published in 1995-- that was designed to acquaint students with Arabic calligraphy. The workbook assignment said:

Since Islam forbids idolatry, mosques are decorated with calligraphy rather than human or animal figures.... Here is the shahada, the Islamic statement of faith, written in Arabic.  In the space below, try copying it by hand.  This should give you an idea of the artistic complexity of calligraphy.

On Tuesday, the Augusta County School superintendent issued a press release explaining the assignment after some parents expressed concern to him.  As reported by Al Jazeera, high school parent Kimberly Herndon, one of the main objectors, posted a call on her Facebook page for the teacher involved to be fired because "she had [students] write an abomination to their faith and causes a little girl to cry herself to sleep because she was worried she had denounced her God."  Herndon accused the teacher of attempting to indoctrinate students "into a religion of hate."  In a press release on Thursday, the school superintendent announced:

Following parental objections to the World Geography curriculum and ensuing related media coverage, the school division began receiving voluminous phone calls and electronic mail locally and from outside the area. As a result of those communications, the Sheriff’s Office and the school division coordinated to increase police presence at Augusta County schools and to monitor those communications. The communications have significantly increased in volume today and based on concerns regarding the tone and content of those communications, Sheriff Fisher and Dr. Bond mutually decided schools and school offices will be closed on Friday, December 18, 2015.

This was followed up by an additional press release yesterday. Perhaps ironically, the early closure of schools apparently resulted in the cancellation of a number of Christmas programs, including choir and band concerts, scheduled for yesterday which students had been preparing for some time.

Virginia Jury Awards Muslim Cabbie $350,000 in Religiously Motivated Assault Case

Washington Post reports that a Fairfax County, Virginia civil jury yesterday awarded $100,000 in compensatory damages and $250,000 in punitive damages to a Muslim cab driver who was suffered a broken jaw in an assault by a passenger after the passenger engaged in a diatribe against the Muslim religion. The assault by Ed Dahlberg, a Fairfax County businessman, on cab driver Mohamed Salim was captured in part on video.  The jury found that Dahlberg's actions were motivated by animosity toward Salim's religion.

Donald Trump Calls For Ban on Muslims Entering United States

Acting in contradiction to the policy approach urged yesterday by President Obama (see prior posting), Republican front-runner Donald Trump this afternoon issued a statement (full text) calling for a complete ban on Muslims entering the United States.  The statement reads:

Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on. According to Pew Research, among others, there is great hatred towards Americans by large segments of the Muslim population. Most recently, a poll from the Center for Security Policy released data showing "25% of those polled agreed that violence against Americans here in the United States is justified as a part of the global jihad" and 51% of those polled, "agreed that Muslims in America should have the choice of being governed according to Shariah." Shariah authorizes such atrocities as murder against non-believers who won't convert, beheadings and more unthinkable acts that pose great harm to Americans, especially women.

Mr. Trump stated, "Without looking at the various polling data, it is obvious to anybody the hatred is beyond comprehension. Where this hatred comes from and why we will have to determine. Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous attacks by people that believe only in Jihad, and have no sense of reason or respect for human life. If I win the election for President, we are going to Make America Great Again."

European Commission Appoints Officials To Combat Anti-Semitism and Anti-Muslim Hatred

The European Commission announced on Tuesday that it has appointed a Coordinator on Combating Antisemitism (Katharina von Schnurbein, a German national), and a Coordinator on Combating Anti-Muslim Hatred (David Friggieri, a national of Malta).  The new positions grew out of a Colloquium on Fundamental Rights held last October. [Thanks to Law & Religion UK for the lead.]

Obama Criticizes Growing Anti-Muslim Sentiment In United States

At his White House press conference yesterday (full text) with President Hollande of France, President Obama again criticized the anti-Muslim sentiment in the United States that has surfaced in the wake of ISIL's attacks in Paris, saying:

... [A]nother part of defeating terrorists like ISIL, is upholding the rights and freedoms that define our two great republics.  That includes freedom of religion.  That includes equality before the law.  There have been times in our history, in moments of fear, when we have failed to uphold our highest ideals, and it has been to our lasting regret.  We must uphold our ideals now.  Each of us, all of us, must show that America is strengthened by people of every faith and every background.

In France, Marie Le Pen's Trial For Inciting Hatred Towards Muslims Begins

In Lyon, France, yesterday, the trial of Marine Le Pen, leader of the far right National Front Party began.  As reported by The Guardian and The Local, Le Pen is charged with "incitement to discrimination, violence or hatred towards a group of people on the basis of their religion" in a suit brought by four human rights groups. During the campaign in 2010 to take over leadership of the National Front Party from her father, Le Pen complained about Muslims praying in the streets in three French cities where there are shortages of mosques.  She said:

I’m sorry, but for those who really like to talk about the second world war, if we’re talking about occupation, we can also talk about this while we’re at it, because this is an occupation of territory. It’s an occupation of swaths of territory, of areas in which religious laws apply … for sure, there are no tanks, no soldiers, but it’s an occupation all the same and it weighs on people.

In court, the French State Prosecutor recommended that the judges find Le Pen's remarks protected by her freedom of expression.

Anti-Muslim Rallies Planned In U.S. Cities This Weekend

TPM reports that anti-Muslim rallies may be held this weekend in 20 or more U.S. cities.  The rallies, organized through a Facebook page called "Global Rally for Humanity," were timed to coincide with the 20th anniversary of the Washington, D.C. Million Man March. According to TPM:

 "Global Rally for Humanity" appears to have ties to John Ritzheimer, who rose to prominence among anti-Muslim activists when he organized a protest and "Draw Mohammad" contest in May in Phoenix. Known for his bizarre antics, he recently attracted the attention of U.S. Capitol Police when he vowed in an open letter to arrest Sen. Debbie Stabenow (D-MI) over her support for the Iranian nuclear deal.

Detroit Free Press reports on the rally planned in the heavily Muslim city of Dearborn, Michigan. The Facebook page for the Dearborn rally says that the organizers are open gun carry advocates, and it urges individuals to bring firearms to the rally. The rally is planned near Dearborn city hall after organizers did not file soon enough to get a permit to demonstrate outside the Islamic Center of America, a large Dearborn mosque.

CAIR issued a statement this week reading in part: "Many of these planned rallies may not take place, or they may consist of only a handful of people shouting slurs at worshipers. But given the recent endorsement of Islamophobia by national public figures, it would only be prudent for mosque and community leaders to prepare for any eventuality." In a second statement later in the week, CAIR asked all presidential candidates to repudiate the hate rallies and urged them to visit a mosque the weekend to show moral support for the Muslim community.

Muslim Interfaith Advocate Charges United Airlines With Discrimination

CNN reports that Tahera Ahmad, the 31-year old Muslim chaplain and director of interfaith engagement at Northwestern University is charging that United Airlines discriminated against her on a flight Friday from Chicago to Washington. Wearing a hijab (headscarf), she was on her way to attend a conference promoting dialogue between Israeli and Palestinian youth. Ahmed asked the flight attendant for an unopened can of Diet Coke, but was told: "We are unauthorized to give unopened cans to people because they may use it as a weapon on the plane." However the flight attendant gave the passenger next to Ahmad an unopened can of beer. As reported by CNN:

When Ahmad told the flight attendant she was being discriminated against, the attendant abruptly opened the beer can.  "It's so you don't use it as a weapon," Ahmad said she was told. Shocked, Ahmad asked other passengers if they had seen what happened. A man sitting across the aisle turned to her and yelled, "You Muslim, you need to shut the f--- up," she said. "What?" The man leaned over, looked her in the eyes and said: "Yes, you know you would use it as a weapon. So shut the f--- up"....

The flight attendant as well as the pilot later apologized.  Ahmed has Premier frequent flier status with United.  United said: "We are ... discussing the matter ... with Shuttle America, our regional partner that operated the flight. We look forward to speaking with Ms. Ahmad and hope to have the opportunity to welcome her back."

Provocative Draw Muhammad Contest and Rally Planned In Phoenix Today

A provocative rally is set for this evening in Phoenix, Arizona outside the Phoenix Islamic Center.  KPHO News and Mashable report on the event organized by former Marine Jon Ritzheimer and billed as "Round 2" after the attacks earlier this month on Pamela Geller's "Muhammad Art Exhibit and Contest" in Garland, Texas. (See prior posting.)  The two gunmen there were from Phoenix and one had studies at the Phoenix Islamic Center. Today's event, to which bikers are invited, will involve a Muhammad Cartoon Contest with the winner being announced at the rally.  The rally will be held at 6:15 pm to coincide with the mosque's Friday prayer services. The Facebook page promoting the rally says in part: "People are also encouraged to utilize there [sic.] second amendment right at this event just incase our first amendment comes under the much anticipated attack."

The KPHO report quotes Ritzheimer who says he knows that the Phoenix Islamic Center has condemned ISIS.  But he insists that is not enough.  He says: "People call them an extremist; to me it's just a Muslim following their book as it's written.... Unfortunately, we have to hold the cartoon contest, as silly as it sounds, to be able to show the true colors of Islam."

Court Requires NY Transit Authority To Accept Anti-Islam Ads

In American Freedom Defense Initiative v. Metropolitan Transportation Authority, (SD NY, April 21, 2015), a New York federal district court granted a preliminary injunction to a pro-Israel advocacy group requiring the New York Metropolitan Transit Authority to accept the group's anti-Islam ad for display on the back of New York City buses. The ad included a picture of a man with his face largely covered by a keffiyeh and the language "Killing Jews is worship that draws us closer to Allah.  That's his jihad.  What's yours?"  The court found a likely infringement of plaintiff's free speech rights in a designated public forum.  It rejected the MTA's argument that the ad could be refused under its standards barring ads that will incite or provoke violence, saying that the MTA had not produced evidence that it would incite imminent violence. Reuters reports on the decision.  Last month, a Pennsylvania federal district court reached a similar conclusion regarding a different anti-Islamic ad from AFDI. (See prior posting.)

Philadelphia Transit System Must Accept Anti-Muslim Ad

In American Freedom Defense Initiative ("AFDI") v. Southeastern Pennsylvania Transportation Authority, (ED PA, March 11, 2015), a Pennsylvania federal district court granted a preliminary injunction requiring Philadelphia's transit system to accept a controversial anti-Muslim ad on its buses.  AFDI sought to purchase space for an ad that reads in part: "Islamic Jew-Hatred: It’s in the Quran." The ad pictures Adolph Hitler meeting with an Arab leader.  SEPTA had rejected the ad under its policy to prohibit: "Advertising that tends to disparage or ridicule any person or group of persons on the basis of race, religious belief, age, sex, alienage, national origin, sickness or disability." The court held, however, that this is an unconstitutional content-based restriction on speech in a designated public forum. It added:

[I]t is clear that the anti-disparagement standard promulgated by SEPTA was a principled attempt to limit hurtful, disparaging advertisements. While certainly laudable, such aspirations do not, unfortunately, cure First Amendment violations.

AP reports on the decision.

Mosques: Georgia Town Rejects One After Anti-Islam Protests While New Jersey Town Settles Suit Allowing One

Think Progress reports on the 4-1 vote by Kennesaw, Georgia city council on Monday rejecting the request of a Muslim group to rent space in a strip mall to use for daily and Friday prayers. The action comes after two weeks of heated debate featuring anti-Muslim rhetoric. Protesters outside city council carried signs with slogans such as "Islam Wants No Peace." An anti-Muslim group posted personal information-- including home address and children's pictures-- online about the one council member who favored allowing the mosque. The mayor however says the mosque could increase traffic and interfere with nearby businesses,

UPDATE: On Dec. 15, city council reversed itself and unanimously approved the mosque. (WABE News).

Meanwhile, the town of Bridgewater, New Jersey has reached a settlement with a Muslim group in Al Falah Center v. Township of Bridgewater, after the mosque won a preliminary injunction. (See prior posting).  As reported by NJ,com, the RLUIPA challenge to the township's zoning law amendment was resolved by the mosque exchanging its original property for a $2.75 million parcel at a different location purchased by the township, and payment of $5 million in damages and attorney's fees by the township's insurer.

"Birther" Sues Obama Claiming Ebola Rules Aid Muslim Terrorism

A rather bizarre lawsuit was filed yesterday in federal district court in the District of Columbia charging President Obama and various federal health officials with acting recklessly in attempting to restrain the Ebola epidemic in order to aid Muslim terrorism and discriminate against Christian and Jewish Caucasian Americans. The suit was brought by Larry Klayman, an activist who has filed hundreds of lawsuits and who has been prominent in the anti-Obama "birther" movement. The complaint (full text) in Klayman v. Obama, (D DC, filed 10/14/2014), alleges seven causes of action ranging from providing material support for terrorists to civil rights claims and conspiracy to commit murder. It alleges that the CDC, at the direction of President Obam, is intentionally lying to the American public about the possibility of airborne transmission of Ebola.  The following excerpt gives a flavor of the allegations in the wide-ranging complaint:

Defendants actions in exposing Plaintiff to the Ebola virus as well as other Americans is the direct result of discrimination against Plaintiff on the basis of his Caucasian race and Jewish-Christian religion and in favor of people of the African-Black race and the Islamic religion.... Defendant Obama ... values an African-Black and Muslim life more than he does the lives of persons from the Caucasion or other races and religions, and this is reflected in his and the other Defendants’ actions with regard to allowing past and continued entry of persons from Ebola stricken Liberia and the rest of West Africa into the United States, despite the likelihood of an epidemic occurring.

Washington Post reports on the lawsuit.