National Council of Arab Americans v. City of Ny
| Decision Date | 06 March 2007 |
| Docket Number | No. 04 Civ. 6602 (WHP).,04 Civ. 6602 (WHP). |
| Citation | 478 F.Supp.2d 480 |
| Parties | NATIONAL COUNCIL OF ARAB AMERICANS AND ACT NOW TO STOP WAR & END RACISM COALITION, Plaintiffs, v. The CITY OF NEW YORK et al. Defendants. |
| Court | U.S. District Court — Southern District of New York |
Robin Binder, NYC Law Department, Office of the Corporation Counsel, New York City, for Defendants.
Plaintiffs National Council of Arab Americans (the "Council") and Act Now to Stop War & End Racism ("ANSWER") Coalition bring this federal civil rights action for violations of the First and Fourteenth Amendments against Defendants the City of New York (the "City"), the City of New York Department of Parks and Recreation (the "Parks Department"), the New York City Police Department, the Central Park Conservancy (the "Conservancy") and Michael Bloomberg, Mayor of the City of New York. Plaintiffs allege that the regulations governing the issuance of permits for events in the City's parks are unconstitutional both on their face and as applied to Plaintiffs. Defendants move for summary judgment on all claims, and Plaintiffs move for summary judgment on their as applied challenge and certain portions of their facial challenge. For the reasons set forth below, Defendants' motion is granted in part and denied in part, and Plaintiffs' motion is denied in its entirety.
The Great Lawn is a 13-acre section of Central Park consisting of eight softball fields and a surrounding landscaped area. Between 1995 and 1997, the Great Lawn underwent an extensive restoration that involved the placement of new soil and sod and the installation of new drainage and irrigation systems. (Joint Stmt. ¶ 5.) The restored Great Lawn has been the site of up to two free performances by the Metropolitan Opera (the "Opera") each June, and up to two free concerts by the New York Philharmonic (the "Philharmonic") each July. It was also the site of a September 11 memorial concert in September 2002, a concert by the Two Tenors in July 2003, and a concert by the Dave Matthews Band in September 2003. (Def. 56.1 Stmt. ¶ 7.)
The regulations governing the use of the City's public parks (the "Parks Department Regulations") provide that "[n]o person shall hold or sponsor any special event or demonstration without a permit." 56 R.C.N.Y. § 1-05(a). A "special event" is defined by the Parks Department Regulations as "a group activity including, but not limited to, a performance, meeting, assembly, contest, exhibit, ceremony, parade, athletic competition, reading, or picnic involving more than 20 people ..." 56 R.C.N.Y. § 1-02. A "demonstration" is defined as "a group activity including but not limited to, a meeting, assembly, protest, rally, march or vigil which involves the expression of views or grievances, involving more than 20 people ..." 56 R.C.N.Y. § 1-02. The term "special events permit" is used by the Parks Department to refer to permits for both special events and demonstrations. (Declaration of Elizabeth W. Smith, dated Mar. 2, 2006 ("Smith Decl.") ¶ 4.) "[C]asual park use by visitors or tourists" is exempted from the regulations' permitting requirement. 56 R.C.N.Y. § 1-02.
Section 2-08(c) of the Parks Department Regulations allows the Parks Department to deny a special events permit for one or more of the following reasons:
(1) the location sought is not suitable because of landscaping, planting, or other environmental conditions reasonably likely to be harmed by the proposed event;
(2) the location sought is not suitable because it is a specialized area including, but not limited to, a zoo, swimming pool, or skating rink, or because the proposed event is of such nature or duration that it cannot reasonably be accommodated in that location;
(3) the date and time requested have previously been allotted by permit;
(4) within the preceding two years, the applicant has been granted a permit and did, on that prior occasion, knowingly violate a material term or condition of the permit, or any law, ordinance, statute or regulation relating to use of the parks;
(5) the event would interfere unreasonably with the enjoyment of the park by other users; or
(6) with respect to events on the Great Lawn the conditions for events contained in subdivision (t) of this section are not complied with.
56 R.C.N.Y. § 2-08(c). Subdivision (6) was added to § 2-08(c) by amendment dated December 30, 2005 and became effective on January 29, 2006. Prior to that date, the grant of special events permits for the Great Lawn was governed by the `general provisions set forth in § 2-08(c)(1)-(5). (Joint Stmt. ¶ 8.) The amendment added the following conditions for obtaining a permit on the Great Lawn, as set forth in § 2-08(t):
(1) In any calendar year there will be a maximum of six permits granted for large events on the Great Lawn. For purposes of this subdivision, a large event is a special event or demonstration with anticipated attendance between 5,000 and 50,000 participants, which requires the use of the ballfields on the Great Lawn.
(2) Small events on the Great Lawn are not subject to the limitation contained in paragraph (1) of this subsection. For purposes of this subdivision, a small event is a special event or demonstration with anticipated attendance of less than 5,000 participants, which does not require the use of any of the Great Lawn ballfields during the hours that the Department permits the ballfields for athletic uses, and does not displace any athletic use on the Great Lawn ...
(3) Attendance at large events may not exceed 50,000 persons.
(4) Large events may take place only during the months of June and July and during the period from the third week of August through the second week of September ...
(5) Large and small events are subject to cancellation by the Commissioner at any time in the event wet conditions exist that will increase the likelihood of damage to the park landscape.
(6) The load-in plan for all events must be approved by the Commissioner in order to assure that (A) the flow of persons through park landscapes on appropriately designated paths for that purpose shall be orderly; and (B) the attendees will not damage adjacent landscapes. In addition, in the case of larger events, the load-in plan must be approved by the Commissioner to assure that maximum number of persons attending does not exceed 50,000. In approving an applicant's load-in plan, the Commissioner shall take into consideration any evidence that the applicant has a proven track record of successfully executing event productions and audience management ...
Section 2-08(b)(4) of the Parks Department Regulations provides that when "two or more permit applicants request the same date and the same location, the application from the applicant who held a permit for such date and such location in the calendar year immediately preceding the calendar year for which such permit is now sought, shall be eligible for approval." 56 R.C.N.Y. § 2-08(b)(4). If a special events permit request is denied, § 2-08(d) requires the Parks Department to "employ reasonable efforts to offer the applicant suitable alternative locations and/or times and/or dates for the proposed event." 56 R.C.N.Y. § 2-08(d). The Parks Department Regulations also provide that the "East Meadow in Central Park and the paved areas south of the Bethesda Terrace, including the Literary Walk and the Bandshell areas, are available for large special events or demonstrations." 56 R.C.N.Y. § 2-08(u). Once a permit application is rejected, "the applicant may appeal the determination by written request filed with the designated appeals officer who may reverse, affirm or modify the original determination and provide a written explanation of his or her finding." 56 R.C.N.Y. § 2-08(e).
The Council is a national organization that serves the Arab American community through various forms of activism, including legal defense, education programs and "grass roots empowerment." (Joint Stmt. ¶ 11.) ANSWER Coalition is "a grassroots organization that engages in community and national political organizing and activism including carrying out meetings, protests, mass demonstrations, and other educational activities in opposition to war and racism." (Joint Stmt. ¶ 12.) On January 7, 2004, the Council applied to the Parks Department for a permit to hold a 75,000-person rally on August 28, 2004 on the Great Lawn or Sheep Meadow in Central Park. (Joint Stmt. ¶ 13.) Plaintiffs contend that the proposed rally was organized and sponsored jointly by the Council and the ANSWER Coalition. The rally was scheduled for August 28, 2004 to protest the 2004 Republican National Convention ("RNC") and to commemorate the 41st anniversary of the 1963 civil rights march on Washington, D.C. (Def. 56.1 Stmt. ¶ 17.)
On March 13, 2004, the Parks Department informed the Council that a decision regarding the permit application was "being reserved until a date closer to the [RNC] so that realistic decisions [could] be made concerning the number and nature of competing events" occurring during the convention. (Declaration of Robin Binder, dated Mar. 7, 2006 ("Binder Decl.") Ex. 1.) The Parks Department also advised the Council that its permit request "raises a number of issues which will have to be addressed including the capacity of the Great Lawn, the high risk of damage to the lawn and the displacement of pre-existing uses." (Binder Decl. Ex. I.)
On June 15, 2004, the Parks Department denied the Council's permit request. (Joint Stmt. ¶ 14.) The Parks Department...
To continue reading
Request your trial
-
Lindquist v. City of Pasadena, Tex.
...activities in the same general area and should have been subject to the same equipment seizure); Nat'l Council of Arab Americans v. City of New York, 478 F.Supp.2d 480, 496 (S.D.N.Y.2007) (denying the city's motion for summary judgment dismissing a class-of-one claim brought by a plaintiff ......
-
Nicholas v. Bratton
...because there is a strong risk that the government will act to censor ideas that oppose its own." Nat'l Council of Arab Ams. v. City of N.Y. , 478 F.Supp.2d 480, 491 (S.D.N.Y. 2007) (quoting Ridley v. Mass. Bay Transp. Auth., 390 F.3d 65, 86 (1st Cir. 2004) ). Indeed, it is precisely this w......
-
Hoefer v. Bd. of Educ. of the Enlarged City Sch. Dist. of Middletown
...strong risk that the government will act to censor ideas that oppose its own." Nat'l Council of Arab Americans, Act Now to Stop War & End Racism Coal. v. City of N.Y., 478 F. Supp. 2d 480, 491 (S.D.N.Y. 2007) (quoting Ridley v. Mass. Bay Transp. Auth., 390 F.3d 65, 86 (1st Cir. 2004)). In c......