Craft v. Village of Lake George

39 F. Supp. 3d 229, 2014 WL 3888269, 2014 U.S. Dist. LEXIS 108799
CourtDistrict Court, N.D. New York
DecidedAugust 7, 2014
DocketNo. 1:12-cv-1619 (GLS/CFH)
StatusPublished
Cited by3 cases

This text of 39 F. Supp. 3d 229 (Craft v. Village of Lake George) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Craft v. Village of Lake George, 39 F. Supp. 3d 229, 2014 WL 3888269, 2014 U.S. Dist. LEXIS 108799 (N.D.N.Y. 2014).

Opinion

MEMORANDUM-DECISION AND ORDER

GARY L. SHARPE, Chief Judge.

I. Introduction

Plaintiff Larry P. Craft commenced this action against defendants the Village of Lake George, New York, the Board of Trustees of Village of Lake George, New York, Robert M. Blais, in his official capacity as Mayor for the Village of Lake George, and Ernie LaVine, in his official capacity as Supervisor of Peace Officers for the Village of Lake George, pursuant to 42 U.S.C. § 1983, alleging violations of [231]*231his right to free speech and free exercise under the First Amendment, and his right to equal protection under the Fourteenth Amendment. (Compl., Dkt. No. 1.) The central focus of Craft’s pleading is the constitutionality of specific permit requirements—pertaining to temporary signs and solicitation—imposed by the Village Code. (See generally id.) Pending are defendants’ motion for summary judgment, (Dkt. No. 23), and Craft’s motion for partial summary judgment, (Dkt. No. 24). For the reasons that follow, defendants’ motion is granted, and Craft’s motion is denied.

II. Background

A. Facts1

1. The Village and its Code

The Village, a busy summer destination venue, is most crowded during its annual, nearly week-long summer event, “Ameri-cade.” (Defs.’ Statement of Material Facts (SMF) ¶¶2-3, 7-9, Dkt. No. 23, Attach. 19.) At issue here are portions of the Village Code that impose certain permit requirements.2 In particular, Craft challenges certain portions of § 220-24 and chapter 15, Article III, which is comprised of § 157-8 through § 157-13. (Compl. ¶¶ 2, 18, 23-35.) As it existed in 2012, § 220-24, a section titled “Sign standards,” required a permit for certain signage. Village Code § 220-24(B) (2012). Section 220-24 is divided into seven subsections, A through G. The first of those subsections is titled “General regulations.” Id. § 220-24(A). It includes, among other things, the command that “[sjigns shall not contain misleading or inaccurate information.” Id. § 220-24(A)(17). The second of the subdivisions, and most pertinent here, imposes a seasonal permit requirement. Id. § 220-24(B). Among the signs for which a permit was required were certain “temporary signs,” which, as defined elsewhere, include leaflets, flyers, brochures or other handout materials. Id. §§ 220-101,3 220-24(B)(7)(b). As for the temporary signs that were exempted from the permit requirement, those signs were expressly required to “comply with the general regulations” as set forth in § 220-24(A). Id. § 220-24(B)(7)(a). All other temporary signs required a permit, were subject to a fee and deposit, and had to comply with a slew of regulations. Id. § 220-24(B)(7)(b). Among the relevant regulations were that a permit could be granted only twice per season, with the seasons running from October 1 to May 1 and May 1 to October 1, and each permit could not exceed fifteen days. Id. § 220-24(B)(7)(b)(l), (3). The other five subsections dealt .with “Placement, number, and height limitation[s],”' “Restrictions,” “Sign removal,” “Amortization of nonconforming signs,” and “Nonconforming freestanding signs.” Id. § 220-24(C)-(G). The application for a seasonal permit further required that it be filed “three days in advance of request,” and that a fee of $100 plus a $100 deposit, which was refundable “only if [the] area [wa]s not littered,” must accompany the application. (Dkt. No. 1, Attach. 2.)

The 2012 version of chapter 157, Article III, which pertains to “Solicitation of [232]*232Funds,” included a permit requirement as well. Village Code § 157-8 (2012). Ten days prior to the solicitation of funds, any person, corporation, or association wishing to so act was required to seek a permit from the Mayor or his representative in writing. See id. §§ 157-8, 157-9. The Mayor was empowered to deny the application for a permit to solicit funds if, in his discretion, the applicant would not qualify for I.R.C. § 501(c) tax exempt status “or if [the] proposed solicitation would be likely to disturb the peace and order of the Village or be immoral or improper.” Id. § 157-10. A validly issued permit could remain effective for no more than three days, and the Mayor was required to specify the precise location where the solicitation was allowed. Id. § 157-12. A violation of Article III would result in a fíne of up to $100 and the violator’s conduct was deemed to constitute “disorderly conduct,” presumably under the New York Penal Law. Id. § 157-13. On August 19, 2013, several months following commencement of this action, the Board adopted resolutions amending certain sections of Chapters 220 and 157. (Dkt. No. 23, Attach. 10.) Relevantly, with respect to Chapter 220, § 220-24 was amended as to the seasonal permit requirement as follows:

(b) The display of all other temporary signs requires a permit from Memorial Day through Labor Day, and is subject to a deposit and must comply with the following regulations.
An application for a permit to erect, distribute, or post a temporary sign is required to be in writing and must be filed with the Village Clerk-Treasurer not less than two business days prior to the date of the proposed temporary sign activity. The applicant will be notified in writing of the grant or denial of a permit. If the permit is denied, the applicant will be notified in writing of the reason for the denial. If such application is filed before two business days prior to the date of the proposed temporary sign activity, the applicant will be notified of the grant or denial of the permit within two business days of when the application for the permit is submitted. If the application for a permit is submitted on exactly two business days prior to the date of the proposed temporary sign activity the applicant will be notified of the grant or denial of the permit within one business day of when the application for the permit is submitted.
The Mayor shall issue a permit, after receipt of a $100 deposit, if such application complies with the criteria set forth within the section. When issuing a permit for temporary sign activity the only criteria the Mayor will consider are: any history of illegal behavior within the Village by the applicant and the number and locations of temporary signs already permitted. In determining how many temporary signs for particular locations will be issued a permit, the May- or will only take into account the level of vehicle traffic, foot traffic and pedestrian flow reasonably anticipated in such location and any public safety concerns that could result from the disruption of vehicle and pedestrian traffic.
A permit can also be denied if the applicant, on a prior occasion within the last year, had knowingly violated a material term or condition of the previous permit they had been granted. A violation of a material term or condition of a previous permit includes disregarding the location specified on the permit, causing litter as defined in § 137-1, or violating any local or gen[233]*233eral law while participating in the activity specified on the permit which was granted.

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Cite This Page — Counsel Stack

Bluebook (online)
39 F. Supp. 3d 229, 2014 WL 3888269, 2014 U.S. Dist. LEXIS 108799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craft-v-village-of-lake-george-nynd-2014.