| NYC Ban on Protests Was Sued
By Pam Geller Now NYCLU Case Dismissed Without
Prejudice
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Nov 20 – New York
City's banning of "any
non-essential gatherings of
individuals of any size for
any reason," imposed by an
Executive Order in March but
reiterated by Mayor Bill De
Blasio on May 4, 2020 was
challenged in a hearing on May
15 before U.S. District Court
for the Southern District of
New York Judge Denise L. Cote.
Inner City Press
live-tweeted it, here.
That challenged was by Pamela
Gellar.
On May 22, Linda
Bouferguen similarly sued,
represented by the NYCLU. But
when SDNY Judge John G. Koeltl
heard the case, the State's
and City's lawyers said that
Governor Cuomo was about to
sign an Executive Order allow
gatherings of up to 10 people.
Now on
November 20, Judge Koeltl held
another proceeding in the
case. While the argument was
made that with COVID rates
growing again this is a
problem that is likely to be
repeated, Judge Koeltl after
argument declared the matter
moot; he also addressed the
11th Amendment. He granted the
motion to dismiss - without
prejudice.
So the relief
requested was moot. NYCLU's
Christopher T. Dunn thanked
Judge Koeltl. Meanwhile on
42nd Street in Manhattan, the
United Nations says it can
throw out any journalist it
doesn't like, and nothing this
time from the NYCLU. What
gives? Inner City Press will
have more on this. This case
is Bouferguen v. Cuomo, et
al., 20-cv-3975 (Koeltl).
Last week,
the restriction was challenged
by Pam Geller, represented by
the American Freedom Law
Center's David Yerushalmi.
His
complaint noted that "De
Blasio has implemented an Open
Streets initiative whereby
certain City streets are open
to pedestrians and cyclists" -
but closed for First Amendment
protest."
In the May
15 oral argument, Yerushalmi
cited three Circuit decisions
granting a TRO against
COVID-19 lockdowns and offered
to discuss them.
Judge Cote said, No, the
matter is fully submitted and
ready for my decision. I'm not
sure the City needs to say
anything.
But the
lawyer for New York City said,
People are not allowed to do
sports on streets either --
only "solo exercising."
Judge Cote ruled, Having
reviewed the parties'
submissions and the arguments,
I am going to deny the May 12
motion for a TRO. Given the
length of time between the
March 25 Executive Order and
this application, urgency is
lacking.
In the
docket, Geller's declaration
said "I quickly realized that
no blog or podcast or radio
interview would gain any media
traction in today's
environment. The only viable
means... would be a public
protest."
Judge Cote noted,
THe Plaintiff cites allegedly
anti-Semitic remarks by the
Mayor... The First Amendment
is not absolute. NYC is an
epicenter of Covid-19, and
"the March 25 order is content
neutral."
Yerushalmi said he will
appeal. Inner City Press aims
to continue to follow this
case, which is Geller v. De
Blasio, et al., 20-cv-3566
(Cote).
***
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