State of Hawaii v. Trump

Filing 198

MEMORANDUM re 65 MOTION for Temporary Restraining Order [MUSLIM ADVOCATES, AMERICAN MUSLIM HEALTH PROFESSIONALS, MUPPIES, INC., THE NATIONAL ARAB AMERICAN MEDICAL ASSOCIATION, AND NETWORK OF ARAB-AMERICAN PROFESSIONALS' BRIEF OF AMICI CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER], filed by American Muslim Health Professionals, Muppies, Inc., Muslim Advocates, Network of Arab-American Professionals, The National Arab American Medical Association. (Attachments: # 1 Declaration of Anton A. Ware, # 2 Exhibit 1 - Shutdown Press Release, # 3 Exhibit 2 - Anderson Cooper Interview, # 4 Exhibit 3 - State Rudy Guiliani, # 5 Exhibit 4 - Miller on Fox News, # 6 Exhibit 5 - WaPo Kansas Suspect, # 7 Exhibit 6 - Seattle Kent, # 8 Exhibit 7 - Fire store owner, # 9 Exhibit 8 - WaPo pipe attack, # 10 Exhibit 9 - Spate of mosque fires stretches across the country, # 11 Exhibit 10 - Politico absolute no choice but to close down mosques, # 12 Exhibit 11 - Georgetown Bridge Initiative Trump Cites Flowed Poll, # 13 Exhibit 12 - Republican Candidates Debate in North Charleston, South Carolina, # 14 Exhibit 13 - Transcript Donald Trump's national security speech, # 15 Exhibit 14 - 60 Minutes Trranscript, # 16 Exhibit 15 - Meet the Press, # 17 Exhibit 16 - Presidential Candidates Debates, # 18 Exhibit 17 - Christian Broadcasting Network, # 19 Exhibit 18 - Donald Trump on Twitter defends Muslim ban, calls work a 'horrible mess', # 20 Exhibit 19 - Pew Reseach Center 2016 Refugees, # 21 Exhibit 20 - DJT Tweet, # 22 Exhibit 21 - So called judge tweet, # 23 Exhibit 22 - See you in court tweet, # 24 Exhibit 23 - Sean Spicer press conference, # 25 Exhibit 24 - Stephen Miller key engineer, # 26 Exhibit 25 - Stephen Miller Islamofascism, # 27 Exhibit 26 - Pew Forum, # 28 Exhibit 27 - State Dept Country Report, # 29 Exhibit 28 - DHS, # 30 Exhibit 29 - DOJ Iraqi Kentucky, # 31 Exhibit 30 - Cato, # 32 Exhibit 31 - Lawfare, # 33 Exhibit 32 - Brennan Center, # 34 Exhibit 33 - Letter Former Officials on March 6 EO, # 35 Exhibit 34 - Trump delays new travel ban after well-reviewed speech - CNN Politics, # 36 Exhibit 35 - Families hoping to make the U.S., # 37 Exhibit 36 - Trump Muslim ban is tearing apart families, # 38 Exhibit 37 - Children and Refugees Who Planned Medical Care in the US Stuck After Trump Executive Order - Health News - ABC News Radio, # 39 Exhibit 38 - Trump's Travel Ban, Aimed at Terrorists, Has Blocked Doctors - The New York Times, # 40 Certificate of Service)(Kacprowski, Nickolas) Modified on docket title text on 3/14/2017 (ecs, ).

EXHIBIT 7

Post Nation

By Amy B Wang March 12

A Florida man who attempted to set fire to a convenience store told deputies that he assumed the owner was Muslim and that
he wanted to “run the Arabs out of our country,” according to the St. Lucie County Sheriff’s Office.
The sheriff later said the store owners are actually Indian, appearing to make this the latest in a string of incidents targeting
South Asians mistaken for people of Arab descent.
Around 7:40 a.m. Friday, police received calls that a white male was acting suspiciously in front of the Met Mart convenience
store in Port St. Lucie, officials said.
Deputies arrived to find the store closed, with its security shutters intact — as well as a 64-year-old man named Richard Leslie
Lloyd near a flaming dumpster.
“When the deputies arrived, they noticed the dumpster had been rolled in front of the doors and the contents were lit on fire,”
St. Lucie County Sheriff Ken Mascara said in a statement posted on Facebook. “Upon seeing our deputies, the man put his
hands behind his back and said ‘take me away.’ ”
Lloyd “told deputies that he pushed the dumpster to the front of the building, tore down signs posted to the outside of the
store and lit the contents of the dumpster on fire to ‘run the Arabs out of our country,’ ” Mascara said.
An arrest report said Lloyd had been in the store a few days ago but got upset when it didn’t carry his favorite orange juice,
according to WPTV News.
Lloyd also stated that he assumed the Met Mart owner was Muslim and that it angered him “due to what they are doing in the
Middle East,” the sheriff said.

Firefighters were able to extinguish the blaze, authorities said.
Lloyd was arrested Friday and booked into the St. Lucie County Jail in lieu of a $30,000 bond. His mental health will be
evaluated, and the state attorney’s office will decide whether the incident was a hate crime, according to the sheriff.
“It’s unfortunate that Mr. Lloyd made the assumption that the store owners were Arabic when, in fact, they are of Indian
descent,” Mascara said. “Regardless, we will not tolerate violence based on age, race, color, ancestry, ethnicity, religion, sexual
orientation, national origin, homeless status, mental or physical disability.”
The sheriff also thanked those who called 911 when they noticed Lloyd in front of the store.
A message left with Met Mart on Sunday morning did not receive a response.
The incident appears to be the latest crime targeting people of South Asian descent. In its most recent report, the nonprofit
group South Asian Americans Leading Together (SAALT) noted there were 207 documented “incidents of hate violence and
xenophobic political rhetoric aimed at South Asian, Muslim, Sikh, Hindu, Middle Eastern, and Arab communities” from late
December 2015 through Nov. 15, 2016, one week after the presidential election. That represented a 34 percent increase in
incidents in less than a third of the period covered in SAALT’s 2014 report.
An “astounding” 95 percent of incidents were motivated by anti-Muslim sentiment, according to the group. “Notably President
Trump was responsible for 21% of the xenophobic political rhetoric we tracked,” it said.
The group held a vigil on the steps of Congress on Friday.
“At a time when South Asian, Sikh, Muslim, Hindu, and Arab community members are facing hate violence and harassment on
nearly a daily basis, we need real leadership from Washington to stem the tide of injustice,” Suman Raghunathan, the group’s
executive director, said in a statement. “Waiting nearly a week before commenting on a deadly shooting in Kansas won’t do it.
Issuing a second toxic Muslim Ban won’t do it. We need direct action from this administration to forge inclusion, justice, and
hope in this quintessential nation of immigrants.”
Last week, a 39-year-old Sikh man was shot while working on his car in his driveway in Washington state. The gunman
reportedly told him to “Go back to your own country” before pulling the trigger, according to the Seattle Times.
Last month, a man reportedly yelled at two Indian men to “get out of my country” before opening fire at a bar in Kansas. One
of those men, 32-year-old Srinivas Kuchibhotla, was killed, while another, 32-year-old Alok Madasani, was injured. A man who
tried to intervene, 24-year-old Ian Grillot, was injured.
Adam W. Purinton, 51, a Navy veteran, was later arrested at a bar in Missouri, where he reportedly bragged about killing two
Middle Eastern men, according to the Kansas City Star. Purinton has since been charged with first-degree murder and
attempted first-degree murder. The FBI has said it is investigating the shooting as a hate crime.

Kuchibhotla and Madasani were from India but living in the United States and working as engineers for Garmin, the
technology company. After the shooting, their relatives said they worried that the United States was no longer safe for Indians,
citing what they called an increasingly xenophobic atmosphere.
“There is a kind of hysteria spreading that is not good because so many of our beloved children live there,” Venu Madhav, a
relative of Kuchibhotla, told The Washington Post then. “Such hatred is not good for people.”
Kuchibhotla’s widow told reporters two days after her husband’s death that she had told him many times that they should go
back to India but that Kuchibhotla was not afraid of staying.
“He always assured me good things will happen to good people,” Sunayana Dumala said then.
Madasani’s father told the Hindustan Times that there was an increasingly hate-filled atmosphere in the United States and that
it was linked to the election.
“The situation seems to be pretty bad after Trump took over as the U.S. president,” the father said, according to the
newspaper. “I appeal to all the parents in India not to send their children to the United States in the present circumstances.”
The White House said linking the crimes to Trump’s rhetoric was absurd, according to Reuters.
After being roundly criticized for not speaking out forcefully about the issue, Trump addressed the Kansas shooting in his
speech to Congress a week later.
As Sangay K. Mishra, author of “Desis Divided: The Political Lives of South Asian Americans,” wrote for The Post last week, the
South Asian community has suffered from “security racializing” since the Sept. 11, 2001, attacks, in which all immigrants from
across a broad region are treated as potential terrorists.
“The people I spoke with came from different religions, nationalities and cultures — but found themselves treated as similarly
foreign and dangerous,” Mishra wrote. “In public spaces like bars and airports, strangers and law enforcement officials were
suspicious of their brown bodies. A number of young South Asians in Los Angeles and New York told me that in the months
and years after 9/11, they were uncomfortable going to a bar alone. They feared being yelled at, called racial slurs or even
physically attacked — which, in some cases, had indeed happened.”
Read more:
Sikh community asks for hate-crime probe after man is told ‘go back to your own country’ and shot
Muslim students tried to meet with a lawmaker. They were first asked: ‘Do you beat your wife?’

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