thedrifter
11-14-08, 07:18 AM
Civilian base employee files federal lawsuit against Camp Lejeune CO
Comments 22 | Recommend 7
Worker claims constitutional rights violated
November 13, 2008 - 12:58PM
LINDELL KAY
A Camp Lejeune civilian employee filed a federal lawsuit this week accusing base officials of violating his constitutional rights by requiring him to remove anti-Islamic bumper stickers from his Toyota.
Base officials say numerous complaints compelled them to act, and since Jesse Nieto would not remove his "offensive stickers" they removed his Department of Defense decal instead.
As result, Nieto, a retired Vietnam War veteran who has worked aboard base since 1994, is not able to use his vehicle to visit Arlington National Cemetery, the site where his son was buried after he died in the 2000 terrorist attack on the U.S.S. Cole.
The lawsuit - which targets base commander Col. Richard Flatau and base traffic court officer Lt. Col. James Hessen - challenges the Marine Corps' actions citing a violation of Nieto's constitutional rights to freedom of speech and equal protection under the law. The lawsuit was filed earlier this week by Jacksonville attorney Wally Paramore and the Ann Arbor, Mich., Thomas More Law Center in the U.S. District Court for the Eastern District of North Carolina.
Base officials have not received a copy of the lawsuit but were familiar with the situation, said Maj. Nat Fahy, director of public affairs for the base and Marine Corps Installations East.
For the last seven years, Nieto has displayed various decals on his vehicle expressing his political views, including "Islam = Terrorism" and a cartoon of a young boy urinating on a picture of a Muslim, according to the lawsuit.
Beginning in July, the base's Equal Employment Opportunity office received several complaints about the "offensive nature" of Nieto's stickers. Nieto refused his supervisor's informal request to remove the stickers and was issued two separate motor vehicle citations, Fahy said.
"After being afforded an opportunity to argue his position in front of the base magistrate, the magistrate told him to remove the stickers from his car," he said.
In court on Aug. 1, Hessen ordered Nieto to remove three decals from his vehicle: the "Islam = Terrorism" decal; a decal with the U.S. flag and a stop symbol superimposed on the Koran with the words "Disgrace my countries (sic) flag and I will (defecate) on your Quran;" and the cartoon of the young boy urinating.
Nieto removed the three stickers but refused to remove any of the others.
"He had ample opportunity to remedy the situation on his own and was given an opportunity to be heard in three formal administrative venues," Fahy said.
On Aug. 15, Hessen ordered Nieto to remove all the remaining decals from his vehicle, which included "remember the Cole, 12 Oct. 2000;" and "We died, They rejoiced," with a stop symbol superimposed on the star and crescent symbol; a "No Quarter" above a stop symbol superimposed on the star and crescent symbol; and "Islamic = Terrorist."
Nieto refused.
"Because he remained in violation of the base order, Mr. Nieto's (Department of Defense) registration decal was ultimately removed from his vehicle," Fahy said. "At no time has Mr. Nieto been personally banned from his place of employment. In accordance with the base order, only his vehicle has been ordered off base."
Base Order P5560.2m para.2001 (7) states: "Owners are prohibited from displaying extremist, indecent, sexist or racist messages on their motor vehicles in any format (bumper stickers, window decals, art, or other adornments)."
The lawsuit contends that there exist no objective criteria for determining whether a particular bumper sticker or other similar display is offensive.
"The banning of these decals is political correctness run amok in the military," said Richard Thompson, chief counsel at Thomas More Law Center. "Our troops are being killed by Islamic terrorists, 9/11 was caused by Islamic terrorists, these terrorists want to destroy America, the Islamic countries persecute Christians, and now the military is victimizing a father whose son was killed by Islamic terrorists while serving our nation."
The lawsuit contends that numerous other vehicles are permitted aboard base with various messages on bumper stickers or displayed otherwise. The lawsuit cites decals with a Confederate flag and the words, "If this offends you . . . you need a history lesson" and "Why experiment on animals when there are so many Democrats?"
Base Order P5560.2M has not been enforced against anyone aboard Camp Lejeune within the past five years with the exception of Nieto, according to the lawsuit citing information received from the Marine Corps in response to a Freedom of Information Act request.
To allow all other bumper stickers, but deny Nieto his right to display his opinion is a violation of his Fifth Amendment right to equal protection, the lawsuit contends.
The lawsuit also references President George W. Bush's use of the term "Islamic terrorists" to refer to those responsible for the Sept. 11, 2001, attacks on the World Trade Center and the U.S.S. Cole a year earlier.
"Consequently, it is unreasonable to conclude that the words, terms, or political viewpoint expressed by the Commander-in-Chief or those expressed by Nieto are prohibited on federal installations in the United States, including military bases such as Camp Lejeune," the lawsuit states.
Nieto could not be reached for comment.
The lawsuit seeks to have base officials admit violating the First and Fifth Amendments, to allow Nieto to express his political viewpoint through the display of vehicle decals aboard federal installations, to award attorney fees, costs and expenses, and "to grant such other and further relief as this Court should find just and proper."
Contact crime reporter Lindell Kay at 910-219-8456. Read Lindell's blog at http://onslowcrime.encblogs.com/.
Ellie
Comments 22 | Recommend 7
Worker claims constitutional rights violated
November 13, 2008 - 12:58PM
LINDELL KAY
A Camp Lejeune civilian employee filed a federal lawsuit this week accusing base officials of violating his constitutional rights by requiring him to remove anti-Islamic bumper stickers from his Toyota.
Base officials say numerous complaints compelled them to act, and since Jesse Nieto would not remove his "offensive stickers" they removed his Department of Defense decal instead.
As result, Nieto, a retired Vietnam War veteran who has worked aboard base since 1994, is not able to use his vehicle to visit Arlington National Cemetery, the site where his son was buried after he died in the 2000 terrorist attack on the U.S.S. Cole.
The lawsuit - which targets base commander Col. Richard Flatau and base traffic court officer Lt. Col. James Hessen - challenges the Marine Corps' actions citing a violation of Nieto's constitutional rights to freedom of speech and equal protection under the law. The lawsuit was filed earlier this week by Jacksonville attorney Wally Paramore and the Ann Arbor, Mich., Thomas More Law Center in the U.S. District Court for the Eastern District of North Carolina.
Base officials have not received a copy of the lawsuit but were familiar with the situation, said Maj. Nat Fahy, director of public affairs for the base and Marine Corps Installations East.
For the last seven years, Nieto has displayed various decals on his vehicle expressing his political views, including "Islam = Terrorism" and a cartoon of a young boy urinating on a picture of a Muslim, according to the lawsuit.
Beginning in July, the base's Equal Employment Opportunity office received several complaints about the "offensive nature" of Nieto's stickers. Nieto refused his supervisor's informal request to remove the stickers and was issued two separate motor vehicle citations, Fahy said.
"After being afforded an opportunity to argue his position in front of the base magistrate, the magistrate told him to remove the stickers from his car," he said.
In court on Aug. 1, Hessen ordered Nieto to remove three decals from his vehicle: the "Islam = Terrorism" decal; a decal with the U.S. flag and a stop symbol superimposed on the Koran with the words "Disgrace my countries (sic) flag and I will (defecate) on your Quran;" and the cartoon of the young boy urinating.
Nieto removed the three stickers but refused to remove any of the others.
"He had ample opportunity to remedy the situation on his own and was given an opportunity to be heard in three formal administrative venues," Fahy said.
On Aug. 15, Hessen ordered Nieto to remove all the remaining decals from his vehicle, which included "remember the Cole, 12 Oct. 2000;" and "We died, They rejoiced," with a stop symbol superimposed on the star and crescent symbol; a "No Quarter" above a stop symbol superimposed on the star and crescent symbol; and "Islamic = Terrorist."
Nieto refused.
"Because he remained in violation of the base order, Mr. Nieto's (Department of Defense) registration decal was ultimately removed from his vehicle," Fahy said. "At no time has Mr. Nieto been personally banned from his place of employment. In accordance with the base order, only his vehicle has been ordered off base."
Base Order P5560.2m para.2001 (7) states: "Owners are prohibited from displaying extremist, indecent, sexist or racist messages on their motor vehicles in any format (bumper stickers, window decals, art, or other adornments)."
The lawsuit contends that there exist no objective criteria for determining whether a particular bumper sticker or other similar display is offensive.
"The banning of these decals is political correctness run amok in the military," said Richard Thompson, chief counsel at Thomas More Law Center. "Our troops are being killed by Islamic terrorists, 9/11 was caused by Islamic terrorists, these terrorists want to destroy America, the Islamic countries persecute Christians, and now the military is victimizing a father whose son was killed by Islamic terrorists while serving our nation."
The lawsuit contends that numerous other vehicles are permitted aboard base with various messages on bumper stickers or displayed otherwise. The lawsuit cites decals with a Confederate flag and the words, "If this offends you . . . you need a history lesson" and "Why experiment on animals when there are so many Democrats?"
Base Order P5560.2M has not been enforced against anyone aboard Camp Lejeune within the past five years with the exception of Nieto, according to the lawsuit citing information received from the Marine Corps in response to a Freedom of Information Act request.
To allow all other bumper stickers, but deny Nieto his right to display his opinion is a violation of his Fifth Amendment right to equal protection, the lawsuit contends.
The lawsuit also references President George W. Bush's use of the term "Islamic terrorists" to refer to those responsible for the Sept. 11, 2001, attacks on the World Trade Center and the U.S.S. Cole a year earlier.
"Consequently, it is unreasonable to conclude that the words, terms, or political viewpoint expressed by the Commander-in-Chief or those expressed by Nieto are prohibited on federal installations in the United States, including military bases such as Camp Lejeune," the lawsuit states.
Nieto could not be reached for comment.
The lawsuit seeks to have base officials admit violating the First and Fifth Amendments, to allow Nieto to express his political viewpoint through the display of vehicle decals aboard federal installations, to award attorney fees, costs and expenses, and "to grant such other and further relief as this Court should find just and proper."
Contact crime reporter Lindell Kay at 910-219-8456. Read Lindell's blog at http://onslowcrime.encblogs.com/.
Ellie