The Massachusetts Superior Court handed down a decision on February 16th on the lawsuit of James C. Policastro vs. the City of Boston, Boston Redevelopment Authority, Islamic Society of Boston (ISB) and the Roxbury Community College (the defendants). (Solomonia has the full text of the decision here.) Policastro had brought the lawsuit against the defendants claiming that the BRA's sale of land to the ISB violated the First Amendment of the U.S. Constitution and the Massachusetts Anti-Aid Amendment. The BRA had sold the land to the ISB for super cheap (as discussed previously here). Policastro alleged that the sale of land by the BRA to the ISB "was substantially below market value, constituting an illegal and unconstitutional subsidy of a specific Islamic sect and an unconstitutional entanglement and integration between a government institution of higher learning and the same Islamic sect" (referring to Roxbury Community College, which was to receive lectures on Islam and an Islamic legal library).
There were a few twists and turns along the way; the ISB and BRA unsuccessfully tried to dismiss Policastro's complaint. The Court ultimately found that while Policastro had standing and cause, he had not filed his lawsuit within the 30-day or 60-day public comment periods allowed under Massachusetts General law for redevelopment projects (G.L. c.121A and 121B). His lawsuit was filed on September 28, 2004, some fifteen months after the BRA sold the parcel. The court notes that short period of limitations is appropriate for redevelopment of blighted urban areas. Not being a lawyer type, I don't know what the options are at this point, but I'll guess that Policastro can appeal, take it to a higher (federal) court, or call it a day.
During the discovery process for this lawsuit, a number of things came to light, including the travel to the UAE by BRA Deputy Director Muhammad Ali-Salaam to raise funds for the mosque construction, and that the property sale contract was signed in Saudi Arabia. It was useful to make that information public. If Policastro drops things now, the Boston City Council may be able to look into the actions of the BRA in this case. City Councilor Jerry McDermott has tried to hold hearings on this for the past two years, but the lawsuit got in the way.
Jessica Masse, ISB's new spokesman, sent out a press release via the Muslim American Society e-mail listserve yesterday, which said, among other things:
"The Islamic Society of Boston is pleased to announce that today a Massachusetts superior court judge has ruled that the lawsuit brought against the Islamic Society of Boston, the Boston Redevelopment Authority and the Roxbury Community College is without merit and has been dismissed."
Not quite.....dismissed, yes, but due to a statute of limitations issue. The decision said nothing about the merits of the case. More from Ms. Masse:
"We are very pleased that the Court put an end to the legal campaign against the Islamic Society of Boston, which is part of a greater effort by those seeking to oppose area Muslims from building a place of worship. ... Even with this latest legal victory, the ISB remains committed to resolving all outstanding disputes, including the civil rights and defamation claims it has brought against the David Project and others through a mediation process which promotes reconciliation."
Lots of area Muslims have built a place of worship. The questions raised about the ISB are because people oppose the demonstrated links between mosque leadership (founder, trustees and others) and radical Islamists. Policastro's lawsuit brought up the valid issue of the separation of church and state. Should Massachusetts taxpayers subsidize a religious institution, especially one which is committed to dawah or missionary work? Trustee Walid Fitaihi, who now resides in Saudi Arabia, had this to say two weeks after September 11th, 2001:
""These are only some of the examples of what happened and is happening in the city of Boston, and in many other American cities, during these days. Proselytizing in the name of Allah has not been undermined, and has not been set back 50 years, as we thought in the first days after September 11. On the contrary, the 11 days that have passed are like 11 years in the history of proselytizing in the name of Allah. I write to you today with the absolute confidence that over the next few years, Islam will spread in America and in the entire world."
I suppose that's why the ISB wants to build the largest moque in the Northeast, with a capacity far exceeding the number of ISB members. It's for us!
Related to all this, Ms. Masse noted this about Mr.Policastro in an earlier ISB press release (1-11-07):
"In 2004, the David Project conceived of and facilitated the filing of a lawsuit by James Policastro against the Boston Redevelopment Authority and the Islamic Society of Boston, intentionally seeking out and finding a person who in their words, ‘did not have a Jewish sounding last name’ to file the lawsuit in order to hide its involvement in the effort to stop the ISB building a mosque in Roxbury. This is a matter of record."
Perhaps it is a matter of record, I don't know. This would not be the first time that someone was recruited for purposes of a lawsuit. Jane Roe of Roe v. Wade and Rosa Parks come to mind. Has it not occurred to Ms. Masse that she might have been hired as the ISB spokesman partly because she does not have a Middle Eastern sounding last name or appearance?
I have more thoughts on the Islamic Society of Boston, who they represent, and their renewed calls for mediation. Stay tuned for part Two.
P.S. The Daily Times of Pakistan noticed this too.
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