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First Responder Sues Ground Zero Mosque Developers For Emotional Distress; Counter Suit Filed

By Howard M. Friedman

According to the Huffington Post yesterday, 9-11 first responder Vincent Forras has filed a state court class action against the developers of the proposed Ground Zero mosque seeking damages of $350 million for infliction of emotional distress and assault. The complaint (full text) in Forras v. Rauf (apparently filed in mid-September) alleges that for people who live, work or often visit the area around ground zero, many of whom were first responders, the mosque project is "a nuisance, a terror risk and a conscious and/or negligent desire to inflict additional psychological terrorism and emotional distress...."  The complaint goes on to allege:

Defendants? actions and decisions to erect a Mosque at or near the site of a terrorist attack where nearly 3,000 Americans lost their lives as a result of radical Islamic terrorists? actions is careless, negligent, and unlawful in that as a result of Defendants? ties to terrorist organizations, Defendants have increased the access of terrorists and the likelihood of attacks on Ground Zero. Defendants, given their professed role as clergy, and as professed people of faith, and as citizens of the City of New York and property owners, owe a duty of care to Lead Plaintiff and other members of the class, particularly under these unique circumstances.

Yesterday's New York Post reports that defendants are seeking to have the lawsuit dismissed on free exercise of religion grounds. UPI reported yesterday that Imam Feisal Abdul Rauf and Park51, defendants in the lawsuit, have also responded with a counter-suit claiming that the action against them is motivated by "blind bigotry."  The counter suit asks for $50,000 in damages plus attorneys' fees.

Full post as published by Religion Clause on October 12, 2010 (boomark / email).