Vosse v. City of New York, 2015 WL 7280226 (S.D.N.Y.) was a First Amendment suit by an apartment dweller against the City and its Building Commissioner over an illuminated peace symbol on the exterior of Plaintiff’s 17th floor apartment. Illuminated signs were prohibited more than 40 feet from the ground in the applicable zoning district, but the regulations made an exception for “flags, banners or pennants” on certain religious, philanthropic or community structures. Plaintiff contended the regulation was content-based and thus unconstitutional. The trial court granted summary judgment, finding that Plaintiff lacked standing. The Second Circuit first affirmed, then reconsidered the case in the light of Plaintiff’s alternative argument that assumed standing for an alternative contention that, even if content-neutral, the regulation was not a reasonable time, place and manner restriction.
Bloomingburg Jewish Education Center v. Village of Bloomingburg, 2015 WL 3604300 (S.D.N.Y.) involved the purchase of property and moving in of Hasidic Jews in Bloomingburg, the adjacent defendant community of Mamakating, the resistance of existing community members, and their elected officials to these efforts, allegedly in violation of the First Amendment, the Equal Protection Clause, the federal Religious Land Use and Institutionalized Persons and Fair Housing Acts and New York law. Defendants seek dismissal of those claims. Specifically, Plaintiffs allege Defendants obstructed a housing development marketed to potential Hasidic buyers, impeded a private Hasidic religious school and mikvah (a Hasidic ritual bath used for purification), and engaged in a program of harassment and discriminatory code enforcement aimed at Hasidic Jews.
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