ACLU’s Case Against NMSU Football Coach
Will Go to Trial

FOR IMMEDIATE RELEASE
June 6, 2007

CONTACT: Whitney Potter (505) 266 5915 ext. 1003, Cell (505) 507 9898 or Joleen Youngers (505) 541-8000, Cell (505) 496-7422

LAS CRUCES, NM--Yesterday a federal court judge rejected legal motions by attorneys for New Mexico State University (NMSU) head football coach Hal Mumme asking the judge to throw out a case filed by attorneys for the American Civil Liberties Union (ACLU) of New Mexico claiming that Mumme discriminated against four Muslim players on the basis of their religion.  The ruling means that the case will go to trial on June 25th, 2007.

“We are anxious for a jury to hear the facts behind this case,” said ACLU Executive Director Peter Simonson.  “There are a number of compelling examples of how the coaching staff interfered with our plaintiffs’ abilities to observe their religion and caused them to feel like their belief in Islam made them outcasts.”

The ACLU contends that:

• The NMSU coaching staff created an environment hostile to Islam by making ongoing comments disparaging the players’ religion and requiring that players show their support for the war in Iraq.  The comments included Mumme’s questioning of player Mu’Ammar Ali about his religious beliefs and whether or not they connected him to al-Qaeda;

• Mumme’s promotion of Christian prayer prior to practices and meals and his refusal to allow the plaintiffs to lead the team in Muslim prayers had coercive effects on the player’s exercise of their Islamic faith;

• The coaching staff’s practiced indifference to the players’ faith-based dietary restrictions—even going so far as to taunt one of the players with foods he could not eat because of his faith—interfered with the players’ freedom to exercise their religion;

• Players Ali and Anthony and Vincent Thompson were dismissed from the team because of their religion and not due to violations of team policy, as evidenced by Mumme’s more lenient punishment of non-Muslim players who arguably committed more serious infractions.

All of the plaintiff’s claims regarding civil rights violations survived the defendants’ motions for summary judgment and will be addressed during the jury trial.

Attorneys for the ACLU are Joleen Youngers (Las Cruces) and ACLU staff attorney George Bach.

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