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Wednesday, November 21, 2007 

Flying imams case to proceed

CAIR is going to be so happy about this. The judge with whom US Airways filed to dismiss the case has not only refused to dismiss it, she's even spoken in the favor of the imams:
MINNEAPOLIS - Six Muslim imams arrested on a U.S. Airways jet in Minneapolis last November after a passenger raised suspicions about their pre-flight prayers and boarding activities won an early victory Tuesday in their federal lawsuit against the airline and the Metropolitan Airports Commission.

U.S. District Judge Ann Montgomery’s opinion and order rejected almost all of the defendants’ arguments for dismissal. She said the question of whether airport officers had probable cause to arrest the men must be determined by the objective facts they had available at the time.

Over the past year, the case has triggered a firestorm of debate about security concerns vs. religious rights. The imams have argued that they were removed because of religious and ethnic bias. The airline says they were ejected solely because of security concerns raised by passengers and crew members.

Frederick Goetz, one of the imams’ attorneys, praised the judge’s decision, saying: “This has always been a straightforward civil rights case. You had six individuals ... doing absolutely nothing wrong. They prayed in the airport and got arrested. That’s unconstitutional, and they deserve redress.”

Attorneys for the airport commission could not be reached for comment Tuesday. U.S. Airways said Tuesday evening that it was studying the order. “We continue to stand by the actions of our crew members and employees, but at this point we can’t say anything definitive about next steps,” said spokeswoman Andrea Rader.

According to a police report, the men were arrested because three had one-way tickets and no checked baggage; most had requested seat belt extensions; a passenger reported that they had prayed “very loudly” before the flight and criticized U.S. involvement with Iraqi dictator Saddam Hussein, and they were seated widely throughout the aircraft.

Montgomery said it is “dubious” that a reasonable person would conclude from those facts that the imams were about to interfere with the crew or aircraft. She said the plaintiffs had stated a plausible claim that MAC officers violated their constitutional rights.
She sides with the imams for disturbing the peace? This is no judge, if you ask me.

Power Line is actually more upbeat about this:
However disappointing Judge Montgomery's order, I think it is good that we will learn the facts behind plaintiffs' lawsuit. The highly capable lawyer representing the Metropolitan Airports Commission is my friend and former law partner Tim Schupp; he will leave no stone unturned on behalf of the MAC. I think it is safe to say that the case of the flying imams one in which the truth should be known, and in which the truth will set us free.
Well I hope so. Even so, it's a shame if the judge cannot recognize that this is an attempt to intimidate people into not reporting Muslims for fear of lawsuits.

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