| NYC Ban on Gatherings and
Protests Was Sued By Pam Geller Now Cuomo
Moves 12(b)(6)
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
May 15 -- 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, 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
and below.
By June 17,
Plaintiff Pamela Geller filed
another case, assigned to SDNY
Judge Ramos.
On January
5, Judge Ramos held a
proceeding. Inner City Press
covered it, including tweeting:
Governor Cuomo's
lawyers are arguing that
Pamela Geller's still
surviving lawsuit against
Executive Order(s) on protests
should be dismissed. Lawyer
for NYC Mayor Bill de
Blasio is taking a
slightly different position.
Judge Ramos: The
best route would be to allow
the defendants to move
pursuant to Rule 12(b)(6). My
view is, I don't see how
discovery will not be
necessary. City and State have
3 week to file motion,
plaintiff 3 weeks to respond,
defendants 1 week to reply.
Gov Cuomo's
lawyer: So plaintiff can't
make a cross motion for
summary judgment, right? Judge
Ramos: Correct. We are
adjourned
The dates:
Motion under 12(b)(6) by
January 26. The case is Geller
v. Cuomo, et al., 20-cv-4653
(Ramos).
The
restrictions were challenged
in May 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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