thedrifter
12-08-08, 08:13 AM
Father of Cole victim sues over ban of his anti-Islam decals
For more than six years, Jesse Nieto drove to work at Camp Lejeune, N.C., in a car that left no doubt about his views.
"Islam = terrorism" asserted one sticker on the back window of his maroon Scion. Another decal showed a cartoon boy urinating on the image of a turban-wearing man. A third, paraphrased to eliminate a curse word, said, Disgrace my flag, and I will defecate on your Quran.
His feelings stem from a personal tragedy: His son died in a terrorist attack on the Norfolk-based destroyer Cole in Yemen in 2000.
In August, base officials told Nieto, a retired Marine and civilian employee, to remove those stickers. He did.
Two weeks later, Nieto was ordered to remove two other decals critical of Islam on his car, or stop driving it onto base altogether.
Nieto refused to get rid of two sets of stickers, both of which show a star and a crescent moon - symbolic of Islam - with a red circle and line through them. One says, "We died they rejoiced." The other reads, "No quarter Islamic terrorist."
In November, Nieto filed a federal lawsuit contending that base officials violated his free speech and equal protection rights. If decals of Confederate flags and silhouettes of busty ladies are permitted on private vehicles at the base, the suit reasons, Nieto's political sentiments should be, too.
"It's political correctness run amok," said Robert Muise, an attorney with the Thomas More Law Center in Michigan, who is working for free on Nieto's case. "It's remarkable that given the situation we're in today, the wars we're fighting in Iraq and Afghanistan, that our own military would prohibit this speech."
A base spokesman, Maj. Nat Fahy, said in a written statement that the base received at least two formal complaints about Nieto's car in late July.
Camp Lejeune's inspector general and the Equal Employment Opportunity office decided the stickers "denigrated an entire religion based on the actions of a few who purportedly acted in the name of Islam," Fahy wrote.
As such, it constituted statutory religious harassment that was disruptive to good order and discipline.
Fahy noted that more than 90 Muslim Marines serve at three bases in eastern North Carolina.
There have been previous lawsuits about bumper stickers on military bases.
In 1995, a federal appeals court ruled that officials at Georgia's Robins Air Force Base could ban bumper stickers that embarrass or disparage the commander in chief.
The ban on Nieto's car goes further.
According to the lawsuit, Lt. Col. James Hessen, the base magistrate and traffic court officer, on Aug. 15 ordered Nieto not to bring his vehicle onto any federal installation until the stickers are removed.
Muise said that prevents Nieto from driving to two important places: Norfolk Naval Station, home to the memorial for the 17 sailors killed on the Cole in 2000, and Arlington National Cemetery, where there is a marker in his son's memory.
Petty Officer 2nd Class Marc Ian Nieto was an engineman aboard the Cole. He was 24 years old when he died.
Muise said Jesse Nieto's personal connection to the Cole bombing must be taken into account.
"It was a way for him, somewhat, to express his anger, express his sorrow, and grieve for his son," Muise said. "It's not a secret that Islamic terrorists blew up the USS Cole."
Muise argued in the lawsuit that his client was singled out, because bumper stickers that depict other potentially offensive sentiments are deemed OK by base authorities.
"Can you imagine how long it would take if they had to go around and scrape off every Confederate flag?" Muise asked. "The cars would be lined up."
Muise said he determined through a Freedom of Information Act request that base authorities had not enforced an order prohibiting "extremist, indecent, sexist or racist" messages on any other vehicle in five years. Fahy said complaints about bumper stickers on other vehicles have all been resolved informally.
Sharon Priepke, Marc Nieto's mother, was troubled to learn about her ex-husband's display and lawsuit.
Her son was not intolerant, she said.
"I don't think he would have blamed all of Islam," said Priepke, who lives in Wisconsin. "He'd have wanted to get those that did it, those that were responsible."
She is unhappy that Marc is being associated with his father's message.
Jesse Nieto is Marc's biological father, she said, but he gave Marc up for adoption at age 2. Marc became reacquainted with him as a teenager.
"He was not a part of Marc's life growing up," Priepke said. "I think he's totally wrong in how he's approaching this."
Kate Wiltrout, (757) 446-2629, kate.wiltrout@pilotonline.com
Ellie
For more than six years, Jesse Nieto drove to work at Camp Lejeune, N.C., in a car that left no doubt about his views.
"Islam = terrorism" asserted one sticker on the back window of his maroon Scion. Another decal showed a cartoon boy urinating on the image of a turban-wearing man. A third, paraphrased to eliminate a curse word, said, Disgrace my flag, and I will defecate on your Quran.
His feelings stem from a personal tragedy: His son died in a terrorist attack on the Norfolk-based destroyer Cole in Yemen in 2000.
In August, base officials told Nieto, a retired Marine and civilian employee, to remove those stickers. He did.
Two weeks later, Nieto was ordered to remove two other decals critical of Islam on his car, or stop driving it onto base altogether.
Nieto refused to get rid of two sets of stickers, both of which show a star and a crescent moon - symbolic of Islam - with a red circle and line through them. One says, "We died they rejoiced." The other reads, "No quarter Islamic terrorist."
In November, Nieto filed a federal lawsuit contending that base officials violated his free speech and equal protection rights. If decals of Confederate flags and silhouettes of busty ladies are permitted on private vehicles at the base, the suit reasons, Nieto's political sentiments should be, too.
"It's political correctness run amok," said Robert Muise, an attorney with the Thomas More Law Center in Michigan, who is working for free on Nieto's case. "It's remarkable that given the situation we're in today, the wars we're fighting in Iraq and Afghanistan, that our own military would prohibit this speech."
A base spokesman, Maj. Nat Fahy, said in a written statement that the base received at least two formal complaints about Nieto's car in late July.
Camp Lejeune's inspector general and the Equal Employment Opportunity office decided the stickers "denigrated an entire religion based on the actions of a few who purportedly acted in the name of Islam," Fahy wrote.
As such, it constituted statutory religious harassment that was disruptive to good order and discipline.
Fahy noted that more than 90 Muslim Marines serve at three bases in eastern North Carolina.
There have been previous lawsuits about bumper stickers on military bases.
In 1995, a federal appeals court ruled that officials at Georgia's Robins Air Force Base could ban bumper stickers that embarrass or disparage the commander in chief.
The ban on Nieto's car goes further.
According to the lawsuit, Lt. Col. James Hessen, the base magistrate and traffic court officer, on Aug. 15 ordered Nieto not to bring his vehicle onto any federal installation until the stickers are removed.
Muise said that prevents Nieto from driving to two important places: Norfolk Naval Station, home to the memorial for the 17 sailors killed on the Cole in 2000, and Arlington National Cemetery, where there is a marker in his son's memory.
Petty Officer 2nd Class Marc Ian Nieto was an engineman aboard the Cole. He was 24 years old when he died.
Muise said Jesse Nieto's personal connection to the Cole bombing must be taken into account.
"It was a way for him, somewhat, to express his anger, express his sorrow, and grieve for his son," Muise said. "It's not a secret that Islamic terrorists blew up the USS Cole."
Muise argued in the lawsuit that his client was singled out, because bumper stickers that depict other potentially offensive sentiments are deemed OK by base authorities.
"Can you imagine how long it would take if they had to go around and scrape off every Confederate flag?" Muise asked. "The cars would be lined up."
Muise said he determined through a Freedom of Information Act request that base authorities had not enforced an order prohibiting "extremist, indecent, sexist or racist" messages on any other vehicle in five years. Fahy said complaints about bumper stickers on other vehicles have all been resolved informally.
Sharon Priepke, Marc Nieto's mother, was troubled to learn about her ex-husband's display and lawsuit.
Her son was not intolerant, she said.
"I don't think he would have blamed all of Islam," said Priepke, who lives in Wisconsin. "He'd have wanted to get those that did it, those that were responsible."
She is unhappy that Marc is being associated with his father's message.
Jesse Nieto is Marc's biological father, she said, but he gave Marc up for adoption at age 2. Marc became reacquainted with him as a teenager.
"He was not a part of Marc's life growing up," Priepke said. "I think he's totally wrong in how he's approaching this."
Kate Wiltrout, (757) 446-2629, kate.wiltrout@pilotonline.com
Ellie