Today, a Florida federal court order dismissing a lawsuit filed by CAIR Florida against Florida Gun Supply became final and is no longer appealable because CAIR failed to file its notice of appeal by Monday, December 28—30 days after the court issued its order.
In the lawsuit, CAIR alleged that Florida Gun Supply’s refusal to equip Islamic terrorists is religious discrimination in violation of Title II of the Civil Rights Act.
On July 29th, CAIR Florida filed the lawsuit against Florida Gun Supply because its owner declared in a YouTube video that his retail gun store is a “Muslim Free Zone” following the Chattanooga, Tennessee terrorist attack in which five service members were gunned down.
The owner of the gun store, Andy Hallinan, refuses to equip the next San Bernardino-type terrorist with dangerous firearms. Consequently, pursuant to its official, written policy, Florida Gun Supply will not serve “[a]nyone who is either directly or indirectly associated with terrorism in any way . . .”
Despite Hallinan’s legitimate concerns about public safety—concerns which have been confirmed most recently by the deadly terrorist attacks in France and here in the United States—CAIR Florida sued Florida Gun Supply in the U.S. District Court for the Southern District of Florida, alleging religious discrimination.
Florida Gun Supply’s attorneys from the American Freedom Law Center (“AFLC”), Robert Muise and David Yerushalmi, immediately filed a motion to dismiss on the grounds that CAIR Florida’s lawsuit was baseless. The court agreed and entered an order of dismissal on November 24.
Because the lawsuit had garnered lots of media attention, especially in the wake of the Paris jihadist attacks and continuing front and center in the news given the vicious terrorist attack carried out by the devout husband and wife Muslim jihadists in San Bernardino, California, CAIR went on a media blitz claiming Muslims were the victims of profiling and insisted it would appeal the “Muslim Free Zone” dismissal. Thania Clevenger, CAIR Florida’s civil right director, confidently told the Washington Post that “We’ll be filing an appeal or other type of motion to have the case reconsidered. It’s very early on in the proceedings.” The Post then informed its readers that “Clevenger said CAIR has 15 to 30 days to file its next motion.”
Indeed, CAIR Florida had 30 days, or until December 28 (allowing four extra days for Christmas and service of the court’s order), to file its notice of appeal. By failing to do so, the federal court’s order of dismissal became a final, non-appealable order.
Co-Founder and Senior Counsel Robert Muise commented:
“This demonstrates a point we have made time and again in both our published writings and especially in our litigation. The only way to defeat lawfare as a form of civilizational jihad is to confront it at every turn and at every corner. This is a no-holds barred battle for our liberty, our Constitution, and our national security. AFLC will not give CAIR and its fellow jihadist litigants any quarter.”
AFLC Co-Founder and Senior Counsel David Yerushalmi commented:
“CAIR is a dangerous organization not simply because it is a Muslim Brotherhood-Hamas front group parading as a civil rights organization for Muslims. CAIR’s funding comes predominantly from jihadist sources in the Middle East, and CAIR uses these funds to wage the Muslim Brotherhood civilizational jihad agenda. We will continue to put CAIR on notice: if you attempt to use the courts to conduct your civilizational jihad, AFLC will be there to defend law-abiding, patriotic Americans and our nation’s national security. We will match and defeat your civilization jihad with our constitutional lawfare in every courtroom across the nation.”