DETROIT-U.S. District Judge Denise Page Hood ruled Friday that the City of Dearborn has violated another First Amendment right, in its efforts to deal with anti-Islamic extremists, who have emerged on numerous occasions in recent years to protest against the City’s large Muslim population.
According to Judge Hood, the City and Dearborn Police Chief Ron Haddad violated the First Amendment in April 2012, when Jones and his group, Stand Up America Now (SUAN), had planned to protest in front of the Islamic Center of America (ICA).
Jones was aiming to speak to the public and denounce “Shariah law,” which he believes is practiced within the City’s government. Jones, better known as the Quran burning pastor from Florida, caused an uproar in 2011, during his initial visit to Dearborn to protest against the religion.
To avoid the chaos that was created during his initial visit, the City attempted to take some precautionary measures for Jones’ scheduled visit to the ICA, which took place on April 7, 2012, on the Holy Saturday for the Christian faith and the day before Easter.
Because of the ICA’s location, which is near the border of both Dearborn Heights and Detroit, the Dearborn Police Department collaborated with Dearborn Heights Police, Detroit Police and the Wayne County Sheriff’s Department during the day of the event, to ensure public safety.
However, the event did not require the extra security, as it drew minimal media attention and was mostly ignored by the community, after local religious leaders urged residents to not retaliate at the event. The event did, however, attract a few out-of-towners, who chose to stage a counter-protest from a distance, as Jones’ group protested from a far median that was blocked off by police.
But it was the precautionary measures taken by the City in the weeks leading up to the event that may have put them in legal jeopardy. Two months prior to his visit, Jones was asked to complete a “Special Events Application and Request Form” by the City, which he complied with and submitted on February 16, 2012. However, several weeks later, just days before Jones’ scheduled event, the City also requested that he sign an additional “Hold Harmless” agreement, or he would not be able to speak on the public property.
A “Hold Harmless” agreement would have had Jones and his group assume legal and financial responsibility for anything that happened at the event, even if it was outside of their control.
On April 2, 2012, the Thomas Moore Law Center in Ann Arbor filed a federal lawsuit on behalf of Jones and SUAN, claiming that the City had violated the First Amendment, by trying to force Jones to sign the indemnification agreement. They requested that a judge order a temporary restraining order to block the City’s request.
After that motion was filed, the City decided to drop its “Hold Harmless” requirement on Jones and his group. One day later, Judge Hood also ruled that the City’s requirement was a violation of the First Amendment. Furthermore, it was ruled that Jones and SUAN would be able to seek legal action, despite the City having backtracked on the issue, because the “Hold Harmless” agreement was still on the City’s books.
Mary Laundroche, the director of Dearborn’s Department of Public Information, would not comment on the case, but said that the City never required Jones to sign an indemnification agreement, because he was still able to hold the event without doing so.
Additionally, Jones and his group returned to Dearborn, once again, to protest in front of Edsel Ford High School in October 2012, when his group had made claims that Muslim students were bullying non-Muslim students. The City did not bother taking any precautionary measures then. Only a handful of Dearborn police officers monitored the event.
“He was not required to have a “Hold Harmless” before the [April] event, and he was not required to do so either when he came back to Edsel Ford,” Laundroche told The Arab American News.
While Judge Hood has ruled that Dearborn’s ordinance is unconstitutional, it still appears to be an active ordinance in the City’s books. However, according to Laundroche, that may change soon.
“The ordinance is still part of our codes of ordinances, but as we review the decision made by the judge, that ordinance will also be reviewed,” Laundroche adds.
Jones’ representatives are now in the process of seeking compensation from the City. While those figures still remain undetermined, Jones’ Attorney, Richard Thompson, says the ruling sets a new principle for the City.
“Judge Hood’s ruling upholds a bedrock principle of the First Amendment; that government cannot inhibit the expression of an idea just because some find the idea offensive,” Thompson says. “The fact that some may find Pastor Jones a controversial public figure, or object to his message, is an even greater reason for Dearborn officials to ensure his right to free speech was protected.”
This most recent ruling serves as one of two cases, regarding a First Amendment matter with Dearborn this year. In May, the City agreed to pay the Christian missionary group, Acts 17 Apologetics, an undisclosed amount for their wrongful arrests during the 2010 Arab International Festival.
Meanwhile, Jones appears to continue pushing his agenda against Islam. He recently announced that he will be honoring the anniversary of 9/11 by holding an event in Mulbery, Florida, where he will be burning 2,998 Qurans; one for each American that died during the attacks.
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