In the shock of the aftermath of the catastrophic attacks of Sept. 11, 2001, the New York Police Department, like others, realized that they were ignorant of the threat until the attacks. They resolved to say, “never again.” A program of surveillance of Muslim communities, mosques, businesses and organizations, extending to New Jersey, began. As alleged by the plaintiffs in Hassan v. City of New York, their objective was to prevent another surprise attack by developing informants in every Muslim mosque, store or organization.
The Muslim clerics, students, employers, and others who filed suit charge that NYPD surveillance was prompted by mere “affiliation” with a Muslim mosque, school or business. The plaintiffs claim the program is stigmatizing, and deters people from associating with Muslim organizations and enterprises. The plaintiffs allege that using faith rather than evidence as a trigger for suspicion and surveillance is an impermissible stereotype, violating the equal protection clause of the Fourteenth Amendment.
