Federal District Court
Peter Lancaster, Ivan Ludmer, Christopher Amundson and and Megan McKenzie from Dorsey and Whitney LLP
Updates
In May 2009 the court issued an order denying TiZA's second motion to dismiss and the parents motion to join the suit. You can read the May order denying motions.
In February 2009 TiZA filed yet another motion to dismiss our lawsuit against them, despite the fact that in the summer of 2009, the court dismissed their counterclaims they filed against us. You can read TiZA's 2nd motion to dismiss. A small group of parents also filed a motion to join the suit to represent the interest of their students in the case.
In Summer 2009 TIZA filed a counterclaim against the ACLU-MN alleging, among other claims, defamation and tortious interference. The ACLU-MN filed a motion to dismiss their claims and in December 2009 the Court issued an Order Dismissing Counterclaims.
Shortly after the ACLU-MN filed the complaint, TIZA filed a motion to dismiss, and in June of 2009 the court heard the argument and consequently ruled against TIZA and decided to let the majority of the claims proceed to district court.
Case Background
The American Civil Liberties Union of Minnesota filed a lawsuit in January 2009 Federal District Court against Tarek ibn Ziyad Academy (TIZA) and the Minnesota Department of Education stating that the charter school has violated the Establishment clause of the U.S. Constitution by using taxpayer money to illegally promote religion. The Minnesota Department of Education was named as a co-defendant because it has failed to provide proper oversight by disbursing taxpayer funds despite TIZA using such public funds for religious promotion.
TIZA is a charter school organized under Minnesota law as a non-profit corporation, sponsored by Islamic Relief USA with campuses in Inver Grove Heights and Blaine. TIZA is supported by tax funds from both the State of Minnesota and the United States Government. The Minnesota Department of Education is charged with approval and oversight of charter schools and with certification of schools' entitlement to state funding. The Commissioner has certified funds for TIZA despite its constitutional violations.
TIZA operations are problematic for a number of reasons including:
- TIZA leases both of its campuses from religious groups;
- TIZA and the Muslim American Society of Minnesota (MAS-MN) and TIZA's landlords are linked by a complex, interconnecting set of personal and corporate relationships. The leadership and operations of TIZA and MAS-MN have always been overlapping and MAS-MN officials function in prominent leadership positions at TIZA.TIZA has been shown to advance, endorse and prefer the Muslim religion over other religions or nonsectarian approaches in connection with school activities.
Also named as defendants in the case are Islamic Relief USA based in California, the Minnesota Commissioner of Education, and individual TIZA Board members. The complaint was filed by ACLU-MN cooperating attorneys Peter Lancaster and Megan McKenzie from Dorsey and Whitney.
You can also read TIZA organizations and individuals to learn about TIZA's various connections.
Legal Documents
Complaint
Briefs
Decisions
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