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A judge ruled that construction must stop on a Murfreesboro TN mosque because not enough notice was given of the planning meeting where building permits were issued.

Rutherford County does not specify what is considered adequate notice and the meeting was publicized in local papers.

A public notice about the 2010 Planning Commission meeting, in which no public hearing was required over the mosque’s site plan, was published in the twice-weekly Murfreesboro Post, which has a contract to handle Rutherford County’s legal advertising.
But that's not good enough, because it didn't appear on the group's website or cable channel (as if residents of Murfreesboro would have gone to those outlets).
In a case that captured national and international media attention, Corlew determined that the county’s legal notice in the Murfreesboro Post to announce the time, date and meeting location without an agenda didn’t go far enough to inform residents about the mosque issue. The ruling noted the county didn’t mention the meeting in advance on its website or cable TV channel.

But the county is not taking steps to halt construction of the mosque.

A group of residents filed a lawusit to stop the construction and the plaintiff's attorney has promised more litigation, claiming that continuing construction in violation of the order to stop work, is 'Sharia Law'.

"This is Sharia law,"Joe Brandon, plaintiffs’ attorney, said of construction continuing without a valid permit. "They’re thumbing their nose at the state of Tennessee."

He sai id he would file further litigation if the work did not stop.

So yes, continuing construction despite a nebulous ruling on a legal technicality is an example of 'Sharia Law'. Clearly part of this attorney's legal education included elements of Sharia Law as he is able to refer to aspects of it.
“There will be more litigation,” plaintiffs’ attorney Joe Brandon said while giving an interview in his office. “We are going to give the county an opportunity to do what’s right. Their time frame is on a short fuse.”
The Islamic center followed the proper steps in notifying residents of the planning meeting, which does not give neighbors the opportunity to speak out challenging the Planning Commission's vote. Nevertheless, according to them, the rules should have been changed to favor opponents to allow them the right to vote down the approval.
"There should have been public notice. People should have been allowed to come in and express or at least understand what was going on," Golcyznky said.
But altering the rules to give them the advantage and an opportunity to spew their bigotry, that's not 'Sharia Law'.

The mosque attorneys have argued for their constitutional rights,

"American Muslim constitutional rights should not be diminished merely because anti-Muslim bigots are able to manufacture a controversy about what would otherwise be normal religious activities," said CAIR attorney Gadeir Abbas.
but according to opponents, Islam is not a 'real religion' (even though it somehow manages to have Sharia Law) and therefore does not deserve to have a mosque of its own built.
Mosque opponents have fought construction for two years, arguing that Islam is not a real religion deserving of First Amendment protections and that the Islamic Center of Murfreesboro has terrorist ties.
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Originally posted to Barefoothoofcare on Thu May 31, 2012 at 06:04 AM PDT.

Also republished by Nashville KosKats and Muslims at Daily Kos.

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Comment Preferences

  •  Tip Jar (11+ / 0-)

    "I'm sculpting now. Landscapes mostly." ~ Yogi Bear

    by eXtina on Thu May 31, 2012 at 06:04:20 AM PDT

  •  Ugh, as long as that standard of notice wasn't (4+ / 0-)
    Recommended by:
    eXtina, Oh Mary Oh, Odysseus, JDsg

    required of other similar construction (i.e. the infinity churches that are no doubt in Murfeesboro), this is just a bullshit bigoted ruling.

    Once the laws are made in the democratic republican system, there is an equal-protection right for all citizens of the United States (AND THAT INCLUDES ORGANIZATIONS TOO, CITIZENS UNITED SUPPORTERS!!!). Again, if this standard wasn't upheld to every other religious organization, the ruling should be summarily thrown out by a higher court.

  •  The court's opinion granting the injunction (1+ / 0-)
    Recommended by:
    Oh Mary Oh

    is here as PDF:

    http://www.dnj.com/...

    Summarizing the decision: the question of whether publication is adequate is a matter of facts & circumstances.  The county published notice in the legal notice section of a local paper, but didn't put anything on its public access channel, its general website, or the commission website.  

    •  So? (0+ / 0-)
      but didn't put anything on its public access channel, its general website, or the commission website.  
      It's not an open forum where they have an opportunity to object.

      "I'm sculpting now. Landscapes mostly." ~ Yogi Bear

      by eXtina on Thu May 31, 2012 at 06:55:37 AM PDT

      [ Parent ]

      •  I was just summarizing the ruling (2+ / 0-)
        Recommended by:
        eXtina, elmo

        so that people didn't have to open the PDF.  I'm not defending it.

      •  Well eXtina, I just read the opinion and (3+ / 0-)
        Recommended by:
        johnny wurster, eXtina, ZenTrainer

        the court found that the notice was published on a day where there are virtually no paid subscriptions and the area which the mosque is going up received none of the free distribution. Again, this litmus test better be applied to all other notices from here on out, but it seems a rather weak effort at informing the public, even if plaintiffs are clearly bigots and probably have no concern about the public notice. If this were a KKK compound instead of a mosque, I'd wager folks like us would expect a higher standard of public notice than was given by the local commission in this case.

  •  To be fair the notice was only published in that (2+ / 0-)
    Recommended by:
    eXtina, Odysseus

    free weekly they throw at the end of your driveway according to the news yesterday.

    How's that's not littering I've never been able to figure out.

    BUT, as an atheist, I think they should be able to have as many mosques as they want, and I hope this thing gets built.

    Tracy B Ann - technically that is my signature.

    by ZenTrainer on Thu May 31, 2012 at 07:30:24 AM PDT

    •  Well, since there is no opportunity at the (0+ / 0-)

      planning board meeting to challenge their decision, it's really sort of a red herring. They met the (highly vague) qualifications of the law as stated, and as has been mentioned, the question must be asked whether all others are subject to this same level of announcement.

      "I'm sculpting now. Landscapes mostly." ~ Yogi Bear

      by eXtina on Thu May 31, 2012 at 08:49:58 AM PDT

      [ Parent ]

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