Pro-Freedom AFDI/SIOA Lawsuit vs Sharia-Compliant MTA Moves Forward

Our lawsuit against the NYC MTA's restriction of free speech moves forward. Today David Yerushalmi and Robert Muise of the Thomas More Law Center filed our initial disclosure paperwork: Download AFDI Initial Disclosures_Service Copy__w_docs PL000001-PL000017

On the eve of Rosh Hashanah, we filed a lawsuit against the MTA (Metropolitan Transit Authority) to combat Jew-hatred in the city's subways. Jew-haters can run ads suggesting that Israel’s self-defense is the obstacle to "peace," and that U.S. military aid to Israel also acts as an impediment to peace between the Israelis and Palestinians. The anti-Israel ad blames Israel, its military, and U.S. military aid to Israel as the cause of Palestinian terror directed against innocent civilians in Israel and abroad.

But our ad calling terrorism against innocent civilians "savage" is banned, deemed "demeaning" and "insulting" to savages. The very idea that the MTA would censor free speech in defense of the blasphemy laws under the sharia speaks volumes as to the success of the stealth jihad in America. How many New Yorkers find the anti-semitic ads the MTA approved offensive, bigoted and incitement against the Jews? But they ran them anyway. Our ads are not nearly as controversial, but they are pro-Israel, pro-freedom. I hope the MTA is prepared to go to the Supreme Court, because we are.

As long as the PA continues its savage policy to foment violence, promote hatred and teach their children to hate, the number of young Muslims willing to blow themselves up or to slit Israeli throats will continue to increase. That is savage. The Palestinian Authority propaganda of "Holocaust denial, racial slurs, anti-Jewish epithets and glorification of terrorists" is savage. Tell me again why the word "savage" is inaccurate. The targeting of civilians is savage. The relentless 60-year campaign of terror against the Jewish people is savage. The torture of hostage Gilad Shalit is savage. The bloody hacking to death of the Fogel family is savage. Munich was savage. The unspeakable torture of Ehud Goldwasser is savage. The tens of thousands of rockets fired from Gaza into Southern Israel (into schools, homes, etc.) are savage. The vicious Jew-hatred behind this genocide is savage. The endless demonization of the Jewish people in the Pali and Arab media is savage. The refusal to recognize the state of Israel as a Jewish state is savage. The list is endless.

CBS Outdoor and the New York City Transit Authority is running an anti-Semitic ad campaign. CBS Outdoor and the NYC Transit Authority banned our pro-Israel subway ads – while continuing to run the repulsive anti-Semitic, anti-Israel ads.

CBS Outdoor
Dear Pam,
Thank you for your ad submission; in its current version, we do not approve this ad for the reasons set forth below and the MTA’s Director of Real Estate has concurred pursuant to Section 5.05 ( C )(2) of the MTA’s Advertising Standards. (A copy of those Standards is attached.). Regarding issue-oriented advertisements we do not approve or disapprove such advertisements for display of the MTA’s transit system based upon the viewpoint expressed. As you may know, we have recently accepted for display paid advertisements submitted by organizations on the subject of U.S. military aid to Israel and the Palestinian Authority’s relationship with Israel that have expressed strongly competing views.
Your proposed ad, however, contains language that, in our view, does not conform with the MTA’s advertising standards regarding ads that demean an individual or group of individuals as set forth in Section 5.05(B)(11) of the MTA’s Advertising Standards.
We invite you – as provided in Section 5.05 ( C )(3) of the Advertising Standards – to discuss with us possible revisions to your ad; should you choose to submit a revised ad, we will review that submission promptly. Alternatively, if you do not want to consider any possible revisions, you may ask us to obtain from the MTA its formal and final determination of whether this ad conforms with its Advertising Standards.
Regards, Howard
Kenneth S. Pober CBS Outdoor Vice President New York Market Manager 

The anti-Semitic ad campaign has been bouncing from city to city. We successfully fought back against racism and Judeophobia in Seattle, when Clear Channel also caved in to Jew-haters, running their hateful ad while refusing our pro-Israel ads. After AFDI protested, Clear Channel canceled the Jew-hating campaign and took their billboards down. While I would have preferred to see our magnificent ads up, that was an excellent second best. But the anti-Israel ads have run in San Francisco and Washington, D.C., while our pro-Israel ads have been rejected in those cities also.

This is a war on the truth. And very much what I address in my book, Stop the Islamization of America: A Practical Guide to the Resistance. The restriction of free speech is the sharia in America, the blasphemy laws under Islam: "do not offend Islam," even if it is true.

This was filed today:

AMERICAN FREEDOM DEFENSE INITIATIVE; PAMELA GELLER; and ROBERT SPENCER,
Plaintiffs,
v.
METROPOLITAN TRANSPORTATION AUTHORITY (“MTA”); and JAY H. WALDER, in his official capacity as Chairman and Chief Executive Officer of MTA,
Defendants.
Case No. 11-civ-6774-PAE-THK
ECF CASE
PLAINTIFFS’ INITIAL DISCLOSURES
Hon. Paul A Engelmayer Magistrate Judge Katz
Pursuant to Fed. R. Civ. P. 26(a)(1), Plaintiffs American Freedom Defense Initiative (“AFDI”), Pamela Geller, and Robert Spencer (collectively referred to as “Plaintiffs”) disclose the following: A.    Names, addresses, and telephone numbers of individuals likely to have discoverable information and the subjects of the information:
1.    Pamela Geller. Facts related to AFDI’s purposes and advertising campaigns, communications with Defendant MTA and its advertising agent, CBS Outdoor, and the effect of MTA’s violation of Plaintiffs’ free speech. Plaintiff Geller may be contacted through counsel.
2.    Howard Marcus, CBS Outdoor employee. Facts relating to CBS Outdoor’s communications with Plaintiff Geller on behalf of MTA denying Plaintiffs the right to place their advertisement on MTA advertisement forums and CBS Outdoor’s communications with MTA. Presumably Howard Marcus can be contacted through CBS Outdoor counsel David Posy.
3.    Kenneth S. Pober, CBS Outdoor Vice President, New York Market Manager. Facts relating to CBS Outdoor’s communications with Plaintiff Geller on behalf of MTA denying Plaintiffs the right to place their advertisement on MTA advertisement forums and CBS
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Outdoor’s communications with MTA. Presumably Kenneth S. Pober can be contacted through CBS Outdoor counsel David Posy.
4.    Fed. R. Civ. P. 30(b)(6) witness(es) for Defendant MTA. Presumably, the witness(es) may be contacted through Defendants’ counsel.
5.    Fed. R. Civ. P. 30(b)(6) witness(es) for CBS Outdoor. Presumably, the witness(es) may be contacted through CBS Outdoor counsel David Posy.
6.    Defendant MTA’s employees involved in deciding that Plaintiffs’ proposed advertisement was not permitted on MTA advertisement forums. Presumably, the witnesses may be contacted through Defendants’ counsel.
7.    Defendant Jay H. Walder. Facts relating to MTA’s advertising standards and free speech policies. Presumably, Jay H. Walder may be contacted through Defendants’ counsel.
8.    Additional witnesses identified through the course of discovery involved in matters relevant to this litigation. B.    A copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody or control of Plaintiffs and that Plaintiffs may use to support their allegations.
1.    Emails between Plaintiffs and CBS Outdoor employees relative to Plaintiffs’ proposed advertisement to run on MTA’s advertisement forum. Attached as Bates Nos. PL000001-PL000014.
2.    Copies of Plaintiffs’ proposed advertisement and other advertisements approved by MTA and placed on MTA’s advertisement forum. Available as exhibits to the Complaint.
3.    Copy of Defendant MTA’s Advertising Standards imposed upon CBS Outdoor as ¶ 5.05 of the agreement between MTA and CBS Outdoor. Attached as Bates Nos. PL000015-PL000017.
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C.    Computation of any category of damages claimed by Plaintiffs: Nominal damages for the past loss of Plaintiffs’ constitutional rights. Plaintiffs also seek the recovery of their reasonable attorneys’ fees and costs. D.    Copies of insurance agreements under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment are enclosed: Not applicable.
Respectfully submitted, LAW OFFICES OF DAVID YERUSHALMI, P.C.
/s/ David Yerushalmi David Yerushalm
THOMAS MORE LAW CENTER
/s/ Robert J. Muise Robert J. Muise*

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Sam.R

12 years ago

Whats wrong with the MTA ? Dont they understand that any opinion other than the Israeli side is just not allowed. All the time and expense put into aquiring all the newspapers, radio, television and of course Hollywood should never be put into jeopardy by these extremists.Could you imagine the damage that would occur if the american people had both sides of of the story?

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Walter Sieruk

12 years ago

The sign in the above article reads “Support Israel, Defeat Jihad.” The One Who really supports the State of Israel is God Himself. In fact,even if all these militant jihadist groups such as Hezbollah, Hamas ans Palestinian Islamic Jihad join their forces together to destroy the State of Israel, they will lose. As seen in Psalm 83:1-8. Nevertheless, in all fairness there is one way for the jihadists to convince God to turn His back on Israel and have that nation be no more. That way is to change the Laws of astrophysics, including that of the sun, moon and the stars. For God has said in His Word in Jeremiah 31:35.36, “Thus saith the Lord, Which giveth the sun for a light by day and the ordinances of the moon and stars for a light by night…The Lord of host is His name. If those ordinances depart from before Me, saith the lord, then the seed of Israel also shall cease from a nation before Me forever.” [KJV]

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