Dear Editor,
If the complaint of the Islamic Society of Boston (ISB) against Fox, the Boston Herald, the David Project and other defendants really had no merit as Jacoby asserts in "A Lawsuit without Merit" (The Boston Globe, June 27, 2007, http://tinyurl.com/33wogs), Justice Janet L. Sanders would not have ruled on September 25, 2006 that the ISB could continue its suit despite the defendants' motion for dismissal under the Massachusetts anti-SLAPP statute.
If the defendants, who were extremely well-funded and who had a much more expensive legal team than the ISB, were really so confident of victory and of their righteousness, David Project supporters could have paid for Policastro to appeal the dismissal of his lawsuit against the Boston Redevelopment Authority, and the ISB would not have withdrawn its complaint.
If Jacoby's analysis is credible, the defendants would have won, claimed all costs, broken the ISB, and stopped the construction of the Roxbury Mosque forever. The David Project and its allies would have achieved their goal as explicitly described in the discovery materials that were turned over to the ISB,
By Jacoby's logic, did the defendants not have an ethical obligation to follow such a strategy to prevent alleged "radical extremist Islam" from establishing a major foothold in Boston?
The mosque is on target for completion by Ramadan, which starts in September, and a large part of the Jewish community supports the ISB. Whatever senseless noise the Islamophobes continue to make, they lost while the ISB and the greater Boston community won.
Sincerely yours,
Boston, MA