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New York Ban on Events but not Black Lives Matter

Discussion in 'Constitutional Law & Civil Rights' started by allmatter, Jul 11, 2020.

  1. allmatter

    allmatter Law Topic Starter New Member

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    Jurisdiction:
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    I am originally from New York City and just read that Mayor Bill de Blasio has declared a ban on all large events but in the video he seems to say that Black Lives Matter marches can go on as usual. Isn't this unconstitutional? What if someone wants to march to protest something else like Latino lives? Or how about if people protest the endless number of Black Lives Matter marches - are they banned from marching?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Probably.

    But I have to tell you this. There are thousands of things going on in this country that some believe are right and some believe are wrong. The courts (if they ever get back on schedule) will be addressing these things for years after the Covid19 virus is conquered. And I doubt that there will be too many who will be punished for making mistakes during a crisis that nobody alive has ever experienced.
     
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  3. mightymoose

    mightymoose Moderator

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    Protests, regardless of the organization, are likely still permitted.... or tolerated.
     
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    Then he's likely indicating that political protests are not included within the ban on large events. Political protest is a constitutionally protected activity in way that attending, say, a professional baseball game is not. If the mayor indicated that whether a protest would be permitted would depend on the message of the protest that would be clearly unconstitutional.
     
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  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Some of the Mayor's bans have already been legally challenged. Religious groups sued Mayor Bill de Blasio, Governor Andrew Cuomo and New York Attorney General Letitia James, on bans related to religious services (such as limiting the number of participants to 10) that don't take into account the circumstances, such as the size of the venue. At the same time, Mayor de Blasio has been vocal in permitting events related to Black Lives Matter without placing limits on those gatherings.

    De Blasio, Cuomo sued by priests, Orthodox Jews for banning service
     
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  6. zddoodah

    zddoodah Well-Known Member

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    "Seems to say"? What does that mean? Got a link to this video?

    Which provision of the U.S. or New York Constitution do you think this might violate?

    Then that person can seek a permit from the appropriate agency.
     
  7. flyingron

    flyingron Active Member

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    DiB isn't banning based on content. He's exempting protests in general from the large gathering restrictions, which is pretty consistent with the Constitution.

    If allmatter has another political cause (racist as it is), it would be hard for DiB to block it. However, if he's upset because his sporting event or broadway show isn't permitted, then he's out of luck.
     

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