Month in Review – September 2020

Here are the highlights for an exceedingly busy September:

* On September 1, we filed a reply in support of our client’s emergency motion for an injunction pending appeal in the U.S. Court of Appeals for the Second Circuit in our lawsuit challenging the executive orders of New York Governor Cuomo and New York City Mayor Bill de Blasio—orders which prohibit all protests in the City except the government-approved protests of Black Lives Matter (BLM).

* On September 3, we filed a civil rights lawsuit against Pennsylvania Governor Tom Wolf, the Pennsylvania Attorney General, and Dr. Rachel Levine, the Secretary of Health for the Pennsylvania Department of Health, challenging various restrictions imposed upon the fundamental liberties of Pennsylvanians during this declared pandemic.

The lawsuit was filed in the U.S. District Court for the Middle District of Pennsylvania on behalf of four citizens who object to the contact tracing program, the mandate to wear masks, and the Governor’s unilateral exercise of power without any checks and balances from the General Assembly—the government body that is most responsive to the people.

* On September 8, we filed a reply in support of our client’s motion for injunction pending appeal in the U.S. Court of Appeals for the Second Circuit in our lawsuit challenging Governor Cuomo’s travel restriction.

* On September 11, we responded to the Washington Metropolitan Area Transit Authority (WMATA) discovery requests in our long-standing litigation on behalf of Pamela Geller, Robert Spencer, and their organization, the American Freedom Defense Initiative (AFDI). 

We initially sued WMATA on July 1, 2015, when it refused to run our clients’ ad promoting the Draw Mohammed Cartoon Contest supporting free speech in the wake of the slaughter at the French cartoon outfit Charlie Hebdo by Sharia-adherent jihadists. 

The district court ruled against our clients but AFLC won a remand on appeal, and we are in the midst of supplemental discovery in advance of filing cross-motions for summary judgment.

* On September 18, we filed our opening brief in the U.S. Court of Appeals for the Eighth Circuit in our federal civil rights lawsuit filed on behalf of Sally Ness.  The lawsuit alleges that the City of Bloomington, two City police officers, and the Hennepin County Attorney violated Ness’s rights protected by the First Amendment by threatening to enforce local and state laws against her for filming public information exposing various zoning and other violations committed by a local mosque and its associated school, both of which are located in Ness’s neighborhood.

Numerous news agencies filed a “friend of the court” brief in support of our position.

* On September 20, AFLC Co-Founder and Senior Counsel Robert Muise was the keynote speaker at the kickoff rally for the 40 Days for Life campaign in Ann Arbor, Michigan.  The event was held on the public street and sidewalks outside of the local Planned Parenthood abortion center.  Nearly 200 people participated in this peaceful, First-Amendment-protected pro-life rally.  An inspiring event!

* On September 23 and 24, Muise took the depositions of the designated witnesses for the Office of the Michigan Attorney General and the Michigan Department of Civil Rights (MDCR), respectively.  These depositions are part of AFLC’s ongoing civil rights lawsuit against the Michigan AG and the MDCR for publicly relying upon the Southern Poverty Law Center’s bogus “hate group” list to target groups, including AFLC, in Michigan.

* On September 30, AFLC Co-Founder and Senior Counsel David Yerushalmi argued before the U.S. Court of Appeals for the Second Circuit in support of our motion for an injunction pending appeal.

We are appealing the lower court’s denial of our motion for a preliminary injunction in our lawsuit challenging the executive orders of New York Governor Cuomo and New York City Mayor Bill de Blasio—orders which prohibit all protests in the City except the government-approved protests of Black Lives Matter (BLM). 

Interestingly, the appellate court’s motions panel consisted of two President Trump appointees, and they were keen on understanding how it was that de Blasio and Cuomo could embrace the BLM protests (and in de Blasio’s case actually participate in the protests) while denying our client the right to peacefully exercise her First Amendment rights.

* As always, we have several other important matters in the works!  Our fight for faith and freedom is particularly crucial during this current “pandemic”!

Thank you for your prayers and financial support.  We couldn’t do what we do without them!