Petitioner has failed to state a claim for violation of its First Amendment right of free exercise of its religion. OATH's rules concerning the rescheduling and adjournment of hearings are neutral in both object and application and therefore "the First Amendment has not been offended."
Sunday, March 31, 2019
Limits On Rescheduling Hearings That Conflict With Religious Holidays Do Not Violate Free Exercise Rights
In Jack Jaffa & Associates v. City of New York, (NY Cty. Sup. St., March 21, 2019), a New York state trial court rejected a claim that rules of New York City's Office of Trials and Hearings violate the First Amendment. Plaintiff, which represents clients who have been issued administrative summonses by New York City agencies, contended that rules which limit the ability to reschedule hearings that conflict with Jewish and Muslim holidays violate its rights and the rights of its clients. The court held:
