By Stuart Smith
Impunity Watch, North America

WASHINGTON, United States — On June 6, 2012, New Jersey Muslims filed suit in federal court to force the New York Police Department to end its surveillance activities targeting American Muslims.

According to Muslim Advocates, the national legal advocacy group dedicated to defending the civil liberties of American Muslims who filed the suit, Hassan, et al. v. City of New York is the first lawsuit to challenge the NYPD’s surveillance activities because they focused on people’s religious affiliation. “The NYPD program is founded upon a false and constitutionally impermissible premise: that Muslim religious identity is a legitimate criterion for selection of law-enforcement surveillance targets,” states the complaint.

Farhana Khera, president and executive director of Muslim Advocates, in article delivered to CNN, wrote, “Muslims in America are viewed as suspect and legitimate targets for surveillance by the New York Police Department because of their faith. This is not the America I know, and it is time for the courts to weigh in and ban discriminatory policing by the NYPD. Let me be clear: Anyone who engages in criminal acts should be stopped and brought to justice. But the NYPD can do that without targeting an entire community for blanket surveillance.”

The NYPD, according to the Associated Press and the lawsuit, conducted surveillance of numerous Muslim communities both inside New York and communities, such as those in New Jersey, which are beyond its jurisdiction. Surveillance activities in these communities included: infiltrating university student groups, video-taping mosque goers, eavesdropping in Muslim cafes, and photographing an elementary school for Muslim girls.

The result of this surveillance, wrote Khera, is that “living freely as a Muslim in America today has become increasingly difficult.” Worshipers worry that their conversations are being recorded, store owners worry that customers may be undercover officers, and students are cautious about participating in Muslim student group activities.

Syed Farhaj Hassan, a specialist in the U.S. Army Reserves and one of the lawsuit’s plaintiffs, stopped attending a New Jersey Mosque after he learned it was listed in an NYPD file, despite not being linked to terrorism, reported the AP. Hassan worries that if his name appeared in police intelligence dossier it could jeopardize his military security clearance or future job prospects. “Guilt by association is a career stopper,” he said. “What happens when that name comes up when you’re looking for a job?”

Yet, despite public outrage, government officials approve of the NYPD’s surveillance practices, the AP reported. A three-month investigation led by the New Jersey Attorney General concluded that the NYPD did not violate New Jersey law. And President Obama’s counterterrorism advisor has said the NYPD does not appear to be breaking any laws.

However, because “their only ‘crime’ is that they are Muslim in America,” wrote Khera,” American Muslims are now raising their voices and knocking on the courthouse door, determined that our system of justice will protect the rights of all Americans.”

For further information, please see:

CNN – Muslims in America, it’s time to demand justice – 6 June 2012

Associated Press – NJ Muslims file federal suit to stop NYPD spying – 6 June 2012

Muslim Advocates – Victims of Invasive Spying by NYPD Take Courageous Stand, File Lawsuit to End Program – 6 June 2012

Associated Press – NJ Official: NYPD Muslim Surveillance Legal – 24 May 2012