In a settlement agreement which reads more like a declaration of surrender, Bernards Township, New Jersey officials agreed that in addition to a $3.5 million payment to Islamic Society of Basking Ridge (ISBR), residents and citizens of the Township are prohibited from commenting on “Islam” or “Muslims” at the upcoming public hearing to approve the settlement. Astonishingly, a federal judge approved the prohibition as a fully enforceable Order of the Court.
TMLC’s lawsuit alleges that the Bernards Township’s settlement agreement constitutes a prior restraint on speech based on content, as well as a violation of the Establishment Clause because it respects Islam over other religions. The lawsuit asks the court to declare that the settlement agreement is unconstitutional, and to enter a preliminary and permanent injunction against its enforcement.
The Quicks reside within 200 feet of the proposed mosque construction in a zoned residential area. Yet, the settlement agreement prohibits them from describing the many unique features of Islamic worship which will impact design of the building, traffic density, water and sewage, traffic control problems, road construction, and parking arrangements. According to the settlement agreement, ISBR is permitted to make statements concerning Christians and Jews and their places of worship, but in contrast, the Agreement prohibits commentary relating to Islam or Muslims. In fact, ISBR has previously discussed the Christian and Jewish religions and their places of worship.
Thompson continued, “While claiming that the Township had a religious animus against Muslims, ISBR hid from the public view its animus toward Christians and Jews, by not only hiding anti-Christian and anti-Semitic verses published on its website, but also hiding its significant ties to ISNA. Instead of standing up to defend its citizens against ISBR’s hate-filled anti-Semitic and anti-Christian bias, the Township colluded with ISBR’s 'Civilization Jihad' by capitulating to payment of millions of dollars to ISBR, allowing the construction of the new mosque and Islamic center in violation of zoning codes, and now even suppressing speech concerning Islam or Muslims at a public meeting.”
In March 2016, ISBR filed a lawsuit in the New Jersey Federal District Court alleging that Bernards Township had discriminated against the Islamic Society when it declined to approve the construction of a large mosque on a lot that was far too small to handle the contemplated structure. And in November 2016, the United States represented by the U. S. Justice Department filed a second lawsuit against the Township on similar grounds. The settlement agreement covers both lawsuits.