August 4th, 2010
07:40 PM ET
By Elise Zeiger, CNN Senior Producer
A group representing a New York City firefighter who survived the September 11, 2001, terrorist attacks filed suit Wednesday seeking to nullify a ruling that cleared the way for construction of what's come to be known as the "ground zero mosque."
The American Center for Law and Justice (ACLJ) filed its suit against the New York City Landmarks Preservation Commission at the New York Supreme Court. The suit urges the court to nullify a decision by the commission Tuesday, when it denied landmark status to a building and thereby cleared the way for an Islamic center and mosque to be built on the site.
The lawsuit charges that the city violated its own policies and procedures in rejecting landmark status and exhibited "an arbitrary and capricious abuse of discretion."
"We seek to preserve and have landmarked a property that terrorism on September 11th, 2001, was unable to destroy, but which will be destroyed if the landmark's decision stands as is," said ACLJ counsel Brett Joshpe. "We believe that they rushed to a vote, that they rushed a decision without a full and fair public hearing and public debate."
The ACLJ is representing Tim Brown, a decorated firefighter who survived the Twin Towers' collapse.
"Who decided the boundaries of ground zero? Where did it end? It seems common sense to me that if part of the plane went through the roof, that certainly means there could be body parts there. And as far as we can tell, it has not been searched. We're gonna find out," said Brown, now retired, who said he lost 93 friends in the collapse.
The existing building is owned by the Cordoba Initiative, a Muslim outreach group, and already serves as a site where prayer services are held. The group wants to demolish the existing structure and build a "$100 million, 13-story community center with Islamic, interfaith and secular programming," the Cordoba Initiative website says.
The ACLJ, a legal advocacy group founded by televangelist Pat Robertson in 1990, is seeking to have the landmarks commission's ruling set aside by the court and have the commission reconsider.
The lawsuit says that the building in question had been under consideration for landmark status 20 years before 9/11, and that the designation is even more appropriate now since part of one of the hijacked plane from the attacks crashed through the roof of the building.
"For them to suddenly take this property in the dead of summer, on such a controversial issue, to publicly announce a hearing with very little notice and to provide only a week's time for public comment, really is uncharacteristic, especially for a property of this sort," Joshpe said, referring to the commission.
"We're not here because of hate or bigotry. Nobody wants to ban Islam," he said. "This is about insensitivity."
Brown, clearly outraged Tuesday's decision said, families of 9/11 victims "are physically ill over the vote. I'm here to defend those families."
"We are not going to back off, we are going to charge full steam ahead on this, and we're gonna see to it that this mosque never gets built on ground zero, on our cemetery," Brown added.
The court is expected to set a hearing date for the lawsuit sometime in October.
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