SIOA Lawsuit against NYC: Bloomberg’s MTA Refuses to Allow 911 Images: Bans Ground Zero Bus Campaign
On Friday August 6th, we filed a lawsuit against the city of New York. Here is the complaint: Download Complaint–FDIvMTA–Filed_Stamped
The city has refused to run my SIOA “Preservation of Ground Zero” bus campaign.
It seems that Mayor Bloomberg invokes certain freedoms when it serves his 2012 agenda. Doing away with term limits wasn’t enough (which is why we are still suffering under his no-salt, no-transfat regime). He is now widening his ayatollah-like power grab to imposing blasphemy laws (Islamic sharia laws) on the secular marketplace. Bloomberg’s frenzied Ground Zero mosque push may have inspired Al-Azhar clerics to oppose the Ground Zero Mosque, calling it a “a zionist plot.”
Last month, I signed a contract with CBS Outdoor to run a “Preservation of Ground Zero” bus ad campaign. The campaign was paid for in full.
Here is the ad I submitted:
The ad was refused. I asked on what grounds. CBS Outdoor told me that the city said that “images of 911 were not allowed.” I was floored. I said, “It is American history. How can it be banned? What about Pearl Harbor? Is that censored too?” I said, “On what grounds are 911 images banned?” It is unconscionable. Will of CBS said, “You can’t run the plane.”
I asked CBS/MTA to provide me with the guidelines for these seventh-century censorship restrictions. They never did. And so, with the help of talented and singular Big Fur Hat, I removed the plane and submitted this ad with the following note:
Will, Still waiting for the MTA guidelines. Please respond to my previous queries. Here is the new art …… please know that I strenuously object to you changing my artwork and my message in the process. It’s American history. I am floored. However, since you and/or the MTA are unwilling to change your position, I have no choice but to run the advertisement with your edits.
CBS refused this ad as well. They said I had to remove the smoke. “The smoke?”
When I spoke to CBS’s representative concerning the second rejection of my Ground Zero bus ad, he said that the MTA “doesn’t want to associate the new building with Ground Zero.” The showing of the burning buildings “hurts people.” “Hurts people?” I find bus ads proselytizing for Islam hurts apostates, are you going to take those bus ads down?
I said, “Are you saying images of the largest attack on American soil are censored? Are Pearl Harbor images censored? Gettysburg, too?”
He said, “The people behind the new building say it has nothing to do with Ground Zero.” I said, “So what? That’s what they say. Others think differently. You are telling me they have said it has nothing to do with Ground Zero. But they are on record repeatedly as saying they want it there for Ground Zero ‘healing’ and ‘outreach.’”
I said, “Who cares what they say, what do they (Imam Rauf and Daisy Khan) have to do with running my ad? They dictate what can and cannot run?”
He said, “It’s controversial.” I said, “How? Where are the guidelines that point to this, where are the guidelines that I have been asking for over a month? Give me the guidelines and I will adhere to them.”
He said “I have been having a hard time getting the guidelines out of the MTA.” I said, “A hard time? Aren’t they written somewhere or posted somewhere? What are they?”
I said, “And what’s controversial? The ad merely says, ‘Why there?’” He said, “You are implying………..” I said, “Implying what? You are now going to tell me what I am thinking? Who is making these decisions? Who at the MTA or CBS is making these decisions? The MTA is a government agency — and you can’t provide me with guidelines but I am being held hostage to the capricious whim of some flak at the MTA? I am an advertiser. I bought and paid for an ad a month ago and you cannot point me to any substance or set of rules for the basis of ad rejection.”
I said, “I took out the plane as requested — now what’s the problem?” He said, “the flames.” I said, “What would be ok? Just the towers alone?” He said yes. I said “OK, I will create another ad with just the towers.” He said, “Before you do that, let me run down the hall and ask if that’s OK.” I said, “With who?” He said, with “his VP.”
And so I took out the smoke and submitted this ad:
CBS, on behalf of the MTA, said, “Remove the plane.”
Will of CBS said he was “meeting obstacles” but he was “trying to help me.” He said, “Get me an ad a/s/a/p without smoke, without any flames — just the towers.”
And so, I submitted another planeless ad, stating emphatically,
“I object to this censorship, which is effectively editing the viewpoint I am attempting to express in my message, but if this is the only choice you are giving me, then run the ad without the plane. It’s a plane in the sky, far removed. Planes do fly in the sky.”
Needless to say, I am still awaiting approval from the MTA.
Today my legal team of David Yerushalmi and Robert Muise filed suit on our behalf against NYC.
The complaint against the New York Metropolitan Transportation Authority has now been filed. It alleges violation of FDI’s (and Pamela Geller’s and Robert Spencer’s) Free Speech rights under the First & Fourteenth Amendments to the U.S. Constitution.
In essence, and it is laid out clearly in the complaint with clear illustrations in the exhibits, the MTA decided that it was going to accept the “viewpoint†of Imam Rauf and his Islamist co-conspirators – to wit, that their plan to develop the Ground Zero Mosque has nothing to do with marking the “victory†marked by the destruction of human life and property on 9-11. Literally, the MTA made it its business to decide which of many viewpoints it would deem politically correct speech for advertisements on its buses.
What makes this jihad against free speech so egregious is that the MTA has run any number of controversial religious and political ads without batting an eyelid. But as soon as the Shariah-faithful cowed Mayor Bloomberg and the MTA into dhimmi-like submission, the First Amendment to the Constitution gave way to Shariah’s blasphemy laws. How long before the Mayor’s office begins issuing fatwas against those who dare counter the “noble and peaceful outreach†narrative?
Mr. Mayor and your colleagues at the MTA and the Landmark Commission: New Yorkers will not forget 9-11 and we will not be cowed into submission or silence. You might not want to hear our voices, but the federal courts will require you to listen. You claim the mantle of the Constitution as a basis for supporting a Shariah-Islamist mosque at Ground Zero, yet the MTA—a government agency of the City—cavalierly denies “infidels†freedom of speech. Enough is enough. (David Yerushalmi)
UPDATE: The Wall Street Journal reports:
Meanwhile, on Friday, a group sued the Metropolitan Transportation Authority in federal court, saying the agency has refused to run its bus advertisement in opposition to the proposed mosque.
The American Freedom Defense Initiative sought to run an ad that said “Why There?” and depicted the Twin Towers burning and a plane headed toward them, according to the lawsuit.
An MTA spokesman said, “No decision has been made on this ad.”

It is pathetic that a law suit had to be filed in order to run this add. Our country seems to be moving backwards in many areas from race to freedoms to excessive government. We need some major change in our country but not the pathetic left wing liberal craziness we are now experiencing.
[...] Here are the details on the three ads that were rejected. Posted by Brian on Tuesday, August 10th, 2010 | No Comments »Tags: Bus Ads, Ground Zero, Ground Zero Mosque Leave a Comment Click here to cancel reply. [...]
I thought the first ad was great. I thought the ad without the plane would look stupid; it didn’t. In fact it was better than the first.
I thought the ad without the smoke OR the plane would really look dumb; I was shocked at how good it was.
Something about the starkness of the final ad; the simple contrast between the two buildings and the unassuming reminder of what WAS there compared to what is PROPOSED actually made the final ad the best in my opinion.
It just proves that the more they attempt to cover up the truth, the louder and clearer the truth rings out.
DON’T give up the fight. And God bless you.
I think its great that you are running this ad. The Islamic people have no right to force acceptance upon the rest of America, it is our choice to believe what we want to believe whether it is politically correct or not. Those who lost precious loved ones are not going to change their hatred towards the people of Islam no matter how many mosques are built because those mosques won’t replace the lives that were lost. Personally I think the people of Islam are over reacting and they need to just let time take care of things rather than forcefully making us acknowledge them.
I am stunned that this is going on in America. Surely we have the right to offer our opinion in the spirit of free speech. I am not in favor of this site being used for a mosque. This is a big city, why put the community center and mosque here ? There are a large number of vacant or developable buildings in Manhattan that could be used for this purpose.
People need to be able to voice their opinion for debate and not get accused of being xenophobic.
Also, I would submit a Fatwa would be issued if you were to propose putting an innocuous church in any muslin country. The furor of protest against that church would be large.
America is a tolerant society, all religions have been and are welcomed and go about their business. This proposal is in bad taste, an affront to the thousands who were killed in the name of Islam and just bad judgment.
It’s the re-writing of American history. It’s reprehensible and disgusting. As long as we are aware of what they are doing, we can stop them.
Well being a veteran serving this great country and also a New Yorker. I am not surprised at all the decisions made by these so called individuals. Remember that these people are voted in and elected by the people. I am a New yorker who has no sympathy for those who put these liberal people in office, follow your believes your upbringing and reach down deep to see who and what has the power you have given them.Research the people you elect, you do when it concerns your immediate needs. I cannot believe the graetest city in the world has so many liberals support the ones that first of all wants to protect this country and stop thinking the government owes you anything. This is not a welfare country but THE HOME OF THE BRAVE AND FREE ONE NATION UNDER GOD> DE OPPRESSO LIBER.
To begin with I am not a Christian though I have a lot of respect and admiration for Christian values. Neither am I a Moslem or a Jew. With that said, I believe the mosque at the proposed site in New York city must be opposed by people of all faiths including Moslems. I have read and been around the world where I have seen ancient holy sites and structures razed and replaced by mosques. In India alone thousands of places of worship belonging to “kafirs” had been mercilessly replaced by mosques during hundreds of years of islamic rule.
Moving on to a different but related topic, the words “HALAL” are appearing all over where food is sold. It is a shame that nobody in this great country of ours knows what the HALAL food means. I can assure the readers that if you really knew how HALAL is performed, you may give up eating meat altogether. I have witnessed the ritual of HALAL killing myself; the animal is literally tortured to death by slitting a blood vessel near the throat of the animal and letting it bleed to death. Is there a more inhumane way to kill an animal? I understand that some of the European countries are considering banning this inhumane and barbaric practice. I urge my fellow countrymen to take the lead in banning this awful practice not only from the USA but throughout the civilized world. I am utterly dismayed to see that in many food establishments all you see is only HALAL; this is just to cater to to the whims of an insignificant minority. I don’t mind accepting and adopting superior values from any religion, culture, or land. But as some great philspher had said that a society’s greatness is defined by the way it treats its animals.
Folks, the easiest step will be to not to patronize any establishment catering HALAL food and expressing your dismay to the business. Let us spread the awareness as to what HALAL is and how it is being imposed on us before it is too late.
DON’T GIVE UP!!!! WE ARE STRONG IF WE ARE TOGETHER!!!
I want those ads to run. Where are the thousands of people who picked up the pieces at ground zero?
I want us to march down to City Hall and demand that the mosque not be built here.
We have parades for Baseball series. Why not march down the Cannon of Heroes and insist that our Governor, Mayor and President. listen to our voices.
If we let them build the mosque and if they start the movement, may be you don’t know them, they are very fast. We are not going be able to stop them. I am very sad this is happening in America. People please wake up.
Yes, there is more here than a mosque. It is an infusion of Islam into our political sturcture, and society. This is a free country. If these people want to practice Islam and live under Sharia law they should move to an Arab country. Why the hell should America allow this. If Americans really buy into this crap then it is true what the Islamic movement believes of Americans, that we are soft in the head.
You’re probably right, James, if the Muslims who come to America want to practice Islam and live under Sharia law, they should just go to any Arab country and stay there; don’t try to impose those ways on us.
liberals are like cock roaches, they are everywhere and are not wanted by anyone with an ounce of brain.
here in central Texas they are trying to take over the entire state government with their Social Garbage, we are fighting them tooth and nail.
to allow a mayor of the type here is totally UNAMERICAN and borders on treason in my book.
RLTW
DOL