ACLU-NJ and civil rights groups seek to reinstate challenge to NYPD spying on Muslims in New Jersey

July 14, 2014

Amicus brief argues that lower court decision erred in dismissing claims of religious and ethnic profiling by the NYPD

The American Civil Liberties Union of New Jersey has submitted a friend-of-the-court brief (PDF) on behalf of itself and numerous civil rights advocacy organizations in the case of Hassan, et al., v. City of New York, which challenges the New York City Police Department’s (NYPD) surveillance of Muslims, mosques, and Muslim-owned businesses in New Jersey. The brief, which was submitted to the United States Court of Appeals for the Third Circuit, explained that the lower court erred when it issued a decision in February dismissing the plaintiffs' claims.

The organizations on the brief included Latino Justice PRLDEF, the Mexican American Legal Defense and Educational Fund, the Bill of Rights Defense Committee, the Garden State Bar Association, the Hispanic Bar Association, and the Association of Black Women Lawyers of New Jersey.

"When a person presents evidence that a government agency has singled them out for harsher treatment because of their race, ethnicity or religion, the government bears a heavy burden of justifying its actions," stated Rutgers Law School-Newark's Acting Dean Ronald Chen, who is serving as the ACLU-NJ's cooperating counsel in the case. "The plaintiffs deserve to have their day in court to challenge being profiled by the NYPD."

For years, the New York City Police Department secretly conducted surveillance that targeted Muslims living in New Jersey, until a Pulitzer Prize-winning Associated Press series uncovered the program. On February 21, 2014, U.S. District Court Judge William Martini dismissed the lawsuit, filed by the Center for Constitutional Rights and Muslim Advocates on behalf of eight Muslim residents of New Jersey, despite the serious constitutional concerns involved in targeting people for surveillance based solely on their religion.

"This appeal is significant, not only because it seeks to restore a challenge the NYPD's surveillance practices, but also because of what it could mean for future civil rights causes," said ACLU-NJ Legal Director Ed Barocas. "Our federal courts must be open to hearing discrimination claims. As explained in the brief, when the government profiles an entire group of people based solely on a characteristic such as ethnicity or religion, it has a ripple effect, causing others to fear and discriminate against that group."

The amicus brief in Hassan v. City of New York was filed in the United States Court of Appeals for the Third Circuit.

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