Alliance for Open Soc. v. U.S. Agency Intern. Dev.
Decision Date | 08 May 2006 |
Docket Number | No. 05 Civ. 8209.,05 Civ. 8209. |
Citation | 430 F.Supp.2d 222 |
Parties | ALLIANCE FOR OPEN SOCIETY INTERNATIONAL, INC. et al., Plaintiffs, v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT et al., Defendants. |
Court | U.S. District Court — Southern District of New York |
Aziz Huq, Burt Neuborne, David Stuart Udell, Lara K. Abel, Rebekah Ruth Diller, Brennan Center for Justice, New York, NY, Richard A. Johnston, Hale and Dorr, LLP, Boston, MA, David William Bowker, Wilmer, Cutler & Pickering (NYC), New York, NY, for Plaintiffs.
Christine Ingrid Magdo, Covington & Burling (NYC), New York City, Claudia Maria Flores, ACLU Women's Rights Project, New York, NY, for Defendants.
Jessica Neuwirth, Equality Now, New York, NY, Lawrence S. Lustberg, Gibbons, Del Deo, Dolan, Griffinger & Vecchione (Newark), Newark, NJ, Amicus.
DECISION AND ORDER
Plaintiffs, Alliance for Open Society International ("AOSI"), Open Society Institute ("OSI") and Pathfinder International ("Pathfinder") (collectively "Plaintiffs") brought suit against defendants, the United States Agency for International Development and Andrew S. Natsios in his official capacity as its administrator (collectively "USAID"), the United States Department of Health and Human Services and Michael O. Leavitt in his official capacity as its Secretary (collectively "HHS"), and the United States Centers for Disease Control and Prevention and Julie Louise Gerbeding in her official capacity as its Director (collectively "CDC") (and USAID, HHS and CDC collectively "Defendants," or the "Agencies," or the "Government"). Plaintiffs seek clarification of a provision of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (the "Act"), 22 U.S.C. §§ 7601 et seq. Under the Act, AOSI receives funding from USAID and Pathfinder receives funding from USAID, HHS, and CDC to administer programs authorized by the Act. OSI does not- receive government funding pursuant to the Act but fears that AOSI's funding under the Act my be jeopardized 1:137 OSI's activities.
The Act forbids the Agencies from awarding funds authorized for its purposes to "any group or organization that does not have a policy explicitly opposing prostitution[.]" 22 U.S.C. § 7631(f). Plaintiffs challenge Defendants' interpretation of this provision, which Plaintiffs contend places limits on Plaintiffs' activities carried out with their private, non-government funds, and leaves Plaintiffs with no alternative avenue to express certain points of view. Plaintiffs argue that this restriction violates the First Amendment. Thus, they seek a preliminary injunction enjoining Defendants from penalizing Plaintiffs, through the withholding of Act-authorized funds or other methods, on the grounds that Plaintiffs have used their private funding to engage in activities that Defendants view as insufficiently opposed to prostitution.
A. FACTS
Plaintiffs are United States-based nonprofit organizations actively participating in the worldwide effort to limit the spread of HIV/AIDS. As part of this effort, they work closely with populations that have a high risk of contracting HIV/AIDS, including persons engaged in prostitution.3
OSI is the principal United States-based foundation established and financed by George Soros, organized under New York law, supporting a network of more than thirty "Soros Foundations" that operate worldwide (the "Open Society Network"). Each of these Soros foundations is independently established under local laws and governed by a local board of directors. OSI does not currently receive funding from Defendants under the Act.
AOSI, although closely affiliated to OSI as a member of the Open Society Network, is a legally independent non-profit organization incorporated in Delaware with offices in New York, New York and Almaty, Kazakhstan. AOSI was created in 2003 with a mission to "promote democratic governance, human rights, public health and economic, legal and social reform" in Central Asia. (Kushen Decl. at 2.) AOSI administers a program, known as the Drug Demand Reduction...
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