The American Civil Liberties Union of New Jersey filed a lawsuit on Friday attempting to force New Jersey Transit to rehire a railroad manager who was fired because he burned pages of the Koran during a Sept. 11 protest outside the proposed site of an Islamic community center two blocks from Ground Zero.

Derek Fenton was off duty and not wearing any clothes that would have identified him as a NJ Transit worker when he burned three pages of the Koran at a protest outside 51 Park Place, the proposed site for an Islamic community center, according to the lawsuit which was filed in U.S. District Court in Newark. He was at the protest for no more than a couple of minutes before police whisked him away for his own protection.

"He believed then, and still believes, that locating the center so close to Ground Zero is insensitive and inflammatory, and he concluded that it would be effective and appropriate to do something insensitive and inflammatory as a protest," the lawsuit states.

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