EZ Pawn Corp. v. City of N.Y.
Decision Date | 05 June 2019 |
Docket Number | 16-CV-3852 (PKC) (SMG) |
Citation | 390 F.Supp.3d 403 |
Parties | EZ PAWN CORP. and Aloam aka Onwuakor, Plaintiffs, v. CITY OF NEW YORK, New York City Police Department, and New York City Police Department Officer Jonathan Bulzomi, Defendants. |
Court | U.S. District Court — Eastern District of New York |
Paul J. Solda, Law Office Paul J. Solda, New York, NY, for Plaintiffs.
Yungbi Ann Jang, Diana M. Murray, The City of New York Law Department Office of Corporation Counsel, New York, NY, for Defendants.
Plaintiffs EZ Pawn Corp. ("EZ Pawn") and Aloamaka Onwuakor (collective ly, "Plaintiffs") bring this action against Defendants New York City Police Department ("NYPD"), NYPD Officer Jonathan Bulzomi ("Defendant Bulzomi"), and the City of New York (collective ly, "Defendants"), advancing several claims under 42 U.S.C. § 1983 and New York law. Defendants move for summary judgment on all of Plaintiffs' claims. For the following reasons, the Court grants in part and denies in part Defendants' motion for summary judgment.
N.Y. Gen. Bus. Law § 45. Additionally, New York City law empowers the NYPD Police Commissioner to conduct administrative searches3 of certain trades, including pawnbrokers and second-hand dealers:
The commissioner shall possess powers of general supervision and inspection over all licensed or unlicensed pawnbrokers, vendors, junkshop keepers, junk boatmen[ ], cartman, dealers in second-hand merchandise and auctioneers within the city; and in connection with the performance of any police duties he shall have power to examine such persons, their clerks and employees and their books, business premises, and any articles of merchandise in their possession. A refusal or neglect to comply in any respect with the provisions of this section on the part of any pawnbroker, vendor, junkshop keeper, junk boatman, cartman, dealer in second-hand merchandise or auctioneer, or any clerk or employee of any thereof shall be triable by a judge of the criminal court and punishable by not more than thirty days' imprisonment, or by a fine of not more than fifty dollars, or both.
N.Y. City Charter § 436.4 Moreover, § 20-277
of the New York City Code5 imposes reporting requirements on pawnbrokers:
The police commissioner, at such times as he or she may prescribe in a written notice served upon any pawnbroker by a member of the police department, may in addition to the electronic record required by subdivision [ (a) ] of this section6 require such pawnbroker to report to such commissioner, upon blank forms to be furnished by the police department, a description of all goods, articles or things, or any part thereof, pawned or pledged in the course of business of such pawnbroker during the days specified in such notice, stating the numbers of the pawn tickets issued therefor, the amounts loaned thereon, and such identifying marks as may be on the goods pawned. If such notice from the police commissioner so prescribes, such pawnbroker, until he or she is notified to discontinue so doing, shall keep and furnish on such forms, identifying information regarding any pledgors or persons redeeming any articles pledged or pawned, including name, address, phone number, date of birth, sex, and race or ethnicity.
N.Y. City Code § 20-277(3)(b). These records "shall be open to the inspection of any police officer, the commissioner or any departmental inspector, judge of the criminal court, or person duly authorized in writing for such purposes by the commissioner by any judge of the criminal court, who shall exhibit such written authority to the dealer." Id. § 20-273(2)(e).
Finally, a non-binding memorandum authored by George A. Grasso, Former Deputy Commissioner of Legal Matters at the NYPD (the "Grasso Memo"), sets forth the following guidelines:
(Grasso Memo, Dkt. 45-2, at ECF8 230 (emphasis omitted); see also id. at ECF 233–34 ( ).)
From 2010 to 2013, the NYPD provided pawnbrokers and second-hand dealers with two options as to the manner in which they could record and maintain required transactional information: (1) record the required information in log books provided by the NYPD; or (2) report and maintain the information electronically on LeadsOnline, the web-based electronic data transfer service engaged by the NYPD to serve as the repository of electronic records. (Defendants' 56.1 Statement () , Dkt. 44, ¶ 19; Defs.' Aff. & Decl., Dkt. 45-2 As the NYPD's "Patrol Guide,"10 promulgated on August 1, 2013 explains:
All pawnbrokers and second-hand dealers are required to report on specified Department forms all articles pawned, purchased, or sold. Pawnbrokers and second-hand dealers participating in, and actively uploading transactions to, [LeadsOnline] are exempt from the requirement of manually filling out and preserving logs for inspection. By actively uploading their transactions on a daily basis, participating stores are allowing their records to be inspected via [LeadsOnline]. Stores are requested to upload the day's transactions by the close of business each day.
(Patrol Guide, Dkt. 45-2, at ECF 241.)11 With the passage of Local Law 149 in 2013, use of LeadsOnline became required for pawnbrokers and second-hand dealers. (Cf. Defs.' Aff. & Decl., Dkt. 45-4, at ECF 351.) However, on October 10, 2014, the requirements established by Local Law 149 were temporarily suspended pending the outcome of litigation.12 (Id. ) On June 15, 2017, after the litigation had terminated, enforcement of Local Law 149 resumed. (Id. at ECF 321.)
When a pawnbroker or second-hand dealer uses LeadsOnline, the NYPD is able to review the required records and check recent items electronically without visiting the stores, and is also...
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