A New York family 's hope for an enjoyable outing high atop Manhattan ended abruptly when the group was escorted out of the Empire State Building for saying Muslim prayers , according to a lawsuit . Fahad Tirmizi , his wife , Amina , and their two young children were at the skyscraper 's observation deck last July 2 shortly after 11 p.m. , a time when the family 's `` religious beliefs require them to recite the evening prayers wherever they may be at the time , '' according to a lawsuit filed in Manhattan District Court on Tuesday . The couple silently knelt in an isolated area of the observation deck , with little foot traffic , the court document said . While she managed to pray without incident , one guard interrupted and `` menacingly poked '' Fahad Tirmizi `` with his hands and feet several times in various parts of his body , '' the court document said . The guard informed Tirmizi he was not allowed to pray while at the observatory , and then `` forcibly '' escorted his family to the ground floor exit of the building , according to the court document . The suit names the Empire State Building management company , the building , the security firm , and two unnamed security guards as defendants , alleging that they violated the first and 14 Amendments as well as multiple state and city civil rights laws . The building is owned by a publicly traded company called Empire State Realty Trust . The family is seeking unspecified monetary damages . In response , an Empire State Realty Trust spokeswoman , Brandy Bergman , told CNN Wednesday , `` The claims are totally without merit and we will respond to them in court . '' Phillip Hines , a lawyer for the the family , told CNN , `` an unwritten rule or policy was being enforced by security when they removed these people . '' `` They were n't bothering anybody , they were out of the way , and for them to be thrown out of the building is just an ignorant and shameful exercise in discriminatory conduct , '' Hines said . The couple was `` shamed , humiliated and embarrassed in front of each other , their children , and the general public , '' according to the lawsuit . The family released a brief statement through its attorney . `` We were n't doing anything wrong , we just wanted to enjoy the view like everyone else , '' the statement said . The alleged response to the incident drew criticism from other religious groups . Bill Donahue , president of the Catholic League , released a statement Wednesday , which read in part : . `` Muslims who pray in public , including in public accommodations , are simply exercising their constitutional rights . In play are two First Amendment rights : freedom of speech and freedom of religion . We hope that Hines investigates the extent to which security guards are expected to censor religious speech . We wish him , and this innocent Muslim couple , well . ''
Muslim group says it was ` ` punished '' for actions taken when it paused to pray atop skyscraper . Empire State Building management company says it will sue in court . Family statement : ` ` We were n't doing anything wrong '' Catholic religious statement defends family 's right to pray anywhere .