New Motion Filed in Quran Legal Dispute

The motion, filed in a federal district court in Greensboro on Oct. 4, claims the University knowingly misrepresented the mandatory nature of the summer reading assignment.

"Originally we were told the program was not mandatory," said Michael DePrimo, one of the attorneys for the American Family Association Center for Law and Policy, the group that filed the suit. "We subsequently found out that students were told it was mandatory."

The amended lawsuit contends that UNC submitted false affidavits regarding student participation in the summer reading program. The affidavits stated that participation was voluntary, attendance would not be taken and essays concerning the reading were not required.

UNC's General Counsel Susan Ehringhaus could not be reached for comment Friday.

The plaintiffs named in the amended complaint include three anonymous UNC students; Terry Moffitt, chairman of the board of the Family Policy Network; and James Yacovelli, the group's N.C. director for North Carolina. All the plaintiffs were named in the original lawsuit.

A statement released by the AFACLP on Oct. 4 said students confirmed that some of the discussion group leaders took attendance and required essays to be turned in.

In addition to this complaint, the AFACLP claims that the University is attempting to advocate Islam by hosting a series of Islamic-related events this fall.

"New evidence shows that the summer reading program is not limited to one book," DePrimo said.

The AFACLP cites "Voices of Faith," an Oct. 27 event that, according to the UNC Web site, permits "local members of the Islamic community (to) tell faith-based stories," and an art exhibit, "Word and Worship: Approaching Islam through Art," as examples of the University's advancement of Islam.

But some law experts on campus say the new motion will be hard to argue in court. Jack Boger, a UNC law professor, said the accusation of the University's advancement of Islam would be an "interesting complaint to try to prove."

The amended complaint would not add any weight to the lawsuit, Boger said.

"It seems to me the idea is moot and well past what a court would pay attention to," he said.

Earlier this fall, the 4th U.S. Circuit Court in Richmond, Va., denied the AFACLP's appeal for an injunction to prevent the summer reading discussion sessions from taking place.

The new motion requires a response from the University within 20 days of the filing date, DePrimo said. According to the Greensboro clerk of court's office, as of Friday, the University had not submitted a response.

The University Editor can be reached at udesk@unc.edu.