WASHINGTON (AP) - The New York Police Department's focus on Muslims
has renewed the political surveillance of the 1960s and '70s that was
banned under a landmark legal ruling, according to a new court filing by
civil rights lawyers. They are seeking an injunction against further
surveillance of Muslims without evidence of crimes and a new
court-appointed auditor to oversee police activities.
Describing
continuing surveillance of Muslims as "widespread and intense," the
civil rights lawyers complained that the NYPD has monitored public
places where Muslims eat, shop and worship and has kept records and
notes about police observations despite any evidence of unlawful or
terror-related activities. The lawyers said the NYPD's actions violate
rules, known as the Handschu guidelines, that a court had imposed as
part of a 1985 landmark settlement with the NYPD to a lawsuit they
filed.
"There is substantial persuasive evidence that the
defendants are conducting investigations into organizations and
individuals associated with the Muslim faith and the Muslim community in
New York, and have been doing so for years, using intrusive methods,
without a reasonable indication of unlawful activity, or a criminal
predicate of any sort," the lawyers wrote in a motion to be filed Monday
in the U.S. District Court for the Southern District of New York. They
said the NYPD's actions were so "flagrant and persistent" that an
auditor should be appointed.
A spokesman for the NYPD did not respond to a phone message and email request for comment from The Associated Press.
The NYPD and New York City Mayor Bloomberg have said the department
follows the Handschu guidelines and did not break any laws over the
course of its surveillance of Muslim communities. NYPD Police
Commissioner Raymond Kelly has said the department has plenty of
oversight, including five district attorneys, a committee that
investigates police corruption, the NYPD's own internal affairs office
and the court-imposed Handschu guidelines.
The spying was the subject of a series of stories by the AP that
revealed the NYPD intelligence division infiltrated dozens of mosques
and Muslim student groups and investigated hundreds. The NYPD is the
largest police department in the nation, and Bloomberg has held up its
counterterrorism tactics as a model for the rest of the country. The new
court motion by the civil rights lawyers refers repeatedly to the AP's
reporting and includes some internal NYPD documents the AP had obtained
and published.
The motion focuses on a particular section of the
NYPD's intelligence division known initially as the Demographics Unit
and later renamed the Zone Assessment Unit. This unit is at the heart of
the NYPD's spying program, built with help from the CIA. It assembled
databases on where Muslims lived, shopped, worked and prayed. Police
infiltrated Muslim student groups, put informants in mosques, monitored
sermons and catalogued every Muslim in New York who adopted new,
Americanized surnames.
Supporters said the Demographics Unit was
central to keeping the city safe, though a senior NYPD official
testified last year that the unit never generated any leads or triggered
a terrorism investigation.
The Handschu guidelines came out of landmark lawsuit the lawyers
filed and a subsequent 1985 court settlement that set strict time limits
for investigations, imposed rules on the kinds of records police could
keep and created a three-person body to oversee such investigations.
The last time civil rights lawyers in the Handshu case filed a motion like this was in November 2005.