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Valley imams win right to sue feds over air arrests

July 28th, 2009, 11:53 am · 5 Comments · posted by Le Templar

Six Valley imams who were ejected from an U.S. Airways flight, then detained and questioned for hours, have received permission from a federal judge to seek a jury’s ruling on possible violations of their constitutional rights.

The month-old court ruling from U.S. District Court in Minnesota hasn’t attracted nearly as much attention as when the imams and the Council on American-Islamic Relations filed the lawsuit claiming religious discrimination. In November 2006, the imams were removed from a flight before it left for Phoenix after they attended a clerical conference in Minneapolis. The imams were accused of “suspicious behavior” for praying to Allah in the terminal before the flight, for sitting in seats spread throughout the plane, for criticizing the U.S. involvement in Iraq, and for requesting seat belt extenders.

The lawsuit prompted national consternation, in part, because it sought to include other passengers who had reported their suspicions to the flight attendants and the pilot. That was so controversial that Congress passed a law granting immunity to people who report suspicious activity on federally regulated transportation.

U.S. District Judge Ann D. Montgomery said in her ruling that the various circumstances added up to reasonable suspicious about the imams at first glance, but those suspicions should have disappeared after just a few brief questions from law enforcement. The imams never have been considered dangerous by the federal government. They have a right to pray, even in Arabic, and they also can criticize government policies, she said. Most of the imams sat in seats assigned by U.S. Airways (one imam switched seats with a fellow passenger to move closer to a colleague who is completely blind). And while the seat belt extenders possibly could be used as weapons, Montgomery said they are no more dangerous than clothing belts that passengers are routinely allowed to wear on planes (and one of those seat belt extenders was requested by the blind imam, anyway).

For these reasons and technical legal issues, Montgomery dropped U.S. Airways from the lawsuit but will allow the case to go trial against the federal law enforcement agents involved.

“Plaintiffs have presented evidence that could lead a reasonable jury to conclude that they were arrested at least partly on the basis of their race, religion, or national origin,” Montegomery wrote.

The Tribune Editorial Board noted in 2006 that the treatment of the imams was deeply troubling in a nation where people are supposed to be able to worship freely and to speak their minds. I’m still bothered by U.S. Airways’ refusal to accept the imams as passengers after they were cleared of any wrongdoing. But I have to agree with Montgomery that the most egregious conduct was by federal law enforcement, which didn’t release the imams for hours after it should have been clear they weren’t a danger to anyone.

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5 Comments

  • bigazonie says:

    Can I please sign up for this jury duty?
    The Court has either got their head in an anal position or thinks a jury trial will slap the little Imans down to the level they deserve.
    More of the “We are special; we are entitled” dolts.
    Listen up you religious fanatics of ALL stripes.
    Your RIGHTS end when they infringe on mine.

  • lurxst says:

    They infringed other’s rights by praying? People need to be more tolerant methinks.

  • Ibrahim says:

    Some pride comes in seeing that there is justice in the courts which upheld the rights of these individuals. … regardless of race, creed, or religion.

    It still is sad to see that discrimination exists which can infringe on individuals rights in public places (airport for these people) by public servants.

  • retired LE says:

    This is a part of a long term concerted effort to intimidate the public from reporting suspicious activity while gaining intel by probing security measures. The airlines, passengers, FBI, TSA, and Federal Air Marshalls are being tested and intimidated to one degree or another.

    Seat belt extenders (requested by people who had no legitimate need) were requested to see if they could obtain them in spite of the obvious. They can be used to connect belts across the aisle and create obstacles to rushing the cabin to neutralize terrorist activity to commandeer a flight. This is a “rehersal” and a “probe.” Just like the congregating around the restrooms, exchanging packages, spending long periods in the restroom…. A rehersal to bring components on board and assemble a device. What will be the response of the passengers/crew? What does it take to get the Air Marshall/s to identify themselves?

    It is not a coincidence that this probe was conducted by Imams and that the prayers were described as loud. It was designed to ensure that people heard them and would become concerned.

    They are very patient, fight wars over hundreds of years and plan meticulously. Standby, as more is coming. Our new leadership is weak and that encourages more attacks.

    We cannot afford the mistake of dealing with these efforts as if they are all law enforcement issues when we are at war. Recent terror suspects were recruited in prison. Why are we unnecessarily taking terrorists out of Gitmo and sending them to prisons around the country and the world?

    Too many are complacent once again.

    The constitution was not and is not a suicide note.

  • bigazonie says:

    Praying is one thing..making a huge public spectacle of the process is something else.
    Trying to sue everyone within ear shot and in general playing the “We are special” card and grabbing media face time. Makes sense to me, if my intention is to cause a disturbance and inconvenience others.
    The Imans are men of the world, well aware of the perceptions of others after 9/11. THEY chose to push the envelope before any confrontation began. They did not chose to pray privately and quietly, the witness statements are clear.
    The group they belong to (MN/AZ) have a long history of trying to tweak the noses of US authority.
    Nothing they like better than to do a little tap dance on the Civil Rights Laws of this country.
    PLEASE if this is a jury trial, put me on it.

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