[W]hile defendants jointly impose this arbitrary, pseudo-scientific regime of strict gathering limits for some groups and activities but not others, they are permitting closely packed gatherings of thousands to protest the wrongful death of George Floyd at the hands of a police officer, which have been taking place in New York City and every other major city in New York State day-after-day since Floyd’s death on May 25.Plaintiffs' Memorandum In Support of an Application for a Preliminary Injunction (full text) contends in part:
Here, the Orders only purport to mandate a general limit on non-essential gatherings across the state. But aside from the voluminous formal exemptions that undermine the Orders’ general applicability ..., Defendants recently granted an individualized exemption to mass gatherings protesting the death of George Floyd at the hands of a police officer.... These protests have involved hundreds or thousands of protestors all across the state, often packed together shoulder-to-shoulder in express derogation of the Orders’ limits on gathering sizes and social distancing.... And yet, while Defendants expressly approve of these gatherings, they have insisted that limits on religious gatherings remain in place.... This is exactly the type of disparate individualized assessment that must pass strict scrutiny under the Free Exercise Clause.Thomas More Society issued a press release announcing the filing of the lawsuit. [Thanks to Steven H. Sholk for the lead.]
UPDATE: Here is defendants' Memorandum of Law in Opposition to Application for Injunctive Relief.
