Deferio v. City of Syracuse

193 F. Supp. 3d 119, 2016 U.S. Dist. LEXIS 74515, 2016 WL 3199517
CourtDistrict Court, N.D. New York
DecidedJune 8, 2016
Docket5:16-cv-0361 (LEK/TWD)
StatusPublished
Cited by2 cases

This text of 193 F. Supp. 3d 119 (Deferio v. City of Syracuse) 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
Deferio v. City of Syracuse, 193 F. Supp. 3d 119, 2016 U.S. Dist. LEXIS 74515, 2016 WL 3199517 (N.D.N.Y. 2016).

Opinion

MEMORANDUM-DECISION and ORDER

Lawrence E. Kahn, United States District Judge --

I. INTRODUCTION

Plaintiff James Deferio (“Plaintiff’) commenced this action against the City of Syracuse and three of its police department personnel1 (collectively, “Defendants”) under 42 U.S.C. § 1983, alleging violations of his First Amendment right to demonstrate at the annual Central New York Pride Week (“CNY Pride”) in Syracuse, New York. Dkt. No. 1 (“Complaint”). Specifically, Plaintiff alleges that in both 2014 and 2015, on the day of the Pride Parade and Festival, he was barred by Defendants from demonstrating on the public sidewalk immediately adjacent to the festival’s entrance, and instead was forced to move across the street—away from pedestrian traffic into and out of the festival. See id. ¶¶ 45-46, 74. In so doing, Plaintiff claims that Defendants infringed upon his right to free speech.

Five days after filing his Complaint, Plaintiff moved for a preliminary injunction concerning the upcoming 2016 Pride Parade and Festival, which is scheduled to occur on June 18, 2016. Dkt. No. 6-15 (“Plaintiffs Memorandum”) at 9; Festival Information, Cent. N.Y. Pride, http:// www.cnypride.com/festivaLinfo.aspx (last visited June 8, 2016). Plaintiff seeks an injunction prohibiting the enforcement of a “40-foot buffer zone” around the festival entrance. Dkt. -No. 6-1 (“Motion”) at 1. The Constitution requires that, as citizens, we “must tolerate insulting, and even outrageous, speech in order to provide ‘adequate “breathing space” to the freedoms protected by the First Amendment.’ ” Boos v. Barry, 485 U.S. 312, 322, 108 S.Ct. 1157, 99 L.Ed.2d 333 (1988) (quoting Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 56, 108 S.Ct. 876, 99 L.Ed.2d 41 (1988)). This principle dictates the outcome here. As such, and for the reasons stated below, Plaintiffs motion is granted.

II. BACKGROUND

The facts discussed here are largely derived from the affidavit Plaintiff submitted in conjunction with his Motion, Dkt. No. 6-2 (“Plaintiffs Affidavit”), along with several other accompanying Exhibits, Dkt. Nos. 6-3 to -14 (“Plaintiffs Exhibits B-M”). As discussed below, Defendants have not—at the preliminary injunction stage—raised any actual dispute regarding this factual background.

[123]*123A. The 2014 Pride Festival

Plaintiff in this case is a self-described “Christian evangelist” who “engage[s] in public ministry.” PL’s Aff. ¶ 3. In so doing, he attempts to “address[ ] religiously sensitive, but important topics” at public events—in this case, at the Central New York Pride Festival and Parade in Syracuse. Id. ¶¶ 13-14. Though not explicitly stated in his papers, this “public ministry” appears to partially stem from or consist of anti-LGBTQ sentiments. See Pl.’s Ex. F at 1:23-1:27 (noting Plaintiffs opinion that his removal resulted from his disagreement with 'the festival organizers’ “views on homosexuality”); PL’s Ex. L at 0:33-0:36 (“[T]his parade is an uncivil parade,1 and I will rain on that.”).

The 2014 CNY Pride Festival occurred on June 21, 2014, in Syracuse at an area known as the Inner Harbor. See PL’s Aff. ¶ 16. A main entrance to the festival was located on the north side of Kirkpatrick Street where it intersects with the Onondaga Creekwalk, with the northern leg of the Creekwalk serving as the entranceway. See id. ¶ 18-19; PL’s Exs. B-C. Plaintiff, armed with a banner and a “personal voice amplifier,” see PL’s Aff. ¶¶ 8-9, 37; PL’s Ex. D; PL’s Ex. F at 0:28-0:32, positioned himself on the sidewalk at the northwest corner of the Kirkpatrick Street-Onondaga Creekwalk intersection and began “explaining [his] beliefs to those nearby.” PL’s Aff. ¶¶ 18, 20; PL’s Ex. C. This area of sidewalk, at the corner of those two streets (and thus immediately outside of the festival entrance), appears to be over three times wider than the surrounding area of normal sidewalk. PL’s Aff. ¶¶ 18-19; PL’s Exs. B-C. The area appears to have remained open to ordinary pedestrian traffic, see PL’s Aff. ¶ 17; PL’s Ex. D; PL’s Ex. F, and Plaintiff claims that pedestrians “could easily walk by [him] and stay on the sidewalk,” PL’s Aff. ¶ 18.2

After some period of Plaintiffs demonstration, Sergeant Jamey Locastro and another City of Syracuse police officer approached and confronted Plaintiff, who video recorded the ensuing conversation. Id. ¶ 21; PL’s Ex. D. Sgt. Locastro told Plaintiff that he was “in violation of the permit that the parade has,” that CNY Pride was possessed a permit for the sidewalk on the side of the street adjacent to the festival entrance, and that Plaintiff was only allowed to be on the other side of the street. PL’s Ex. D 0:04-0:16. Sgt. Lo-castro showed Plaintiff a copy of the permit, which (according to Sgt. Locastro) included hundreds of feet of the north Kirkpatrick Street sidewalk surrounding the festival entrance. See PL’s Aff. ¶¶22-23, 36-37; PL’s Ex. D 0:27-0:46; PL’s Ex. F 0:09-0:26. Sgt. Locastro then ordered Plaintiff to move across Kirkpatrick Street, and later specified that if Plaintiff “refuse[d] to move across the street, [he would] be arrested.” PL’s Ex. D at 2:36-2:41.3

[124]*124After Plaintiff complied and moved across the street, Sgt. Locastro explained the rationale for his order, confirming that the festival organizers could remove “anybody they want to” off of the sidewalk- on the north side of Kirkpatrick street because the space had been “permitted” to the -Festival. -Pl.’s Ex. F at 1:00-1:08. Sgt. Locastro later stated that the festival organizers could “close the sidewalk to anybody who they view[ed] as a protestor.... Someone similar to [Plaintiff], somebody with a loudspeaker device, preaching, and having a large banner, that would be like a protestor.” Id. at 1:31-1:46. Perhaps unsurprisingly, Plaintiff claims that “no one wanted to go out of their way and cross the street ... to talk to [him],” and Plaintiff left the event soon thereafter. Pl.’s Aff. ¶¶ 40-41.

B. Correspondence with the City of Syracuse

Following the events at the 2014 Pride Festival, Plaintiff retained counsel (the same attorneys representing, him in the present action), who, on September 5, 2014, sent a letter on his behalf to representatives of the City of Syracuse and to Chief of Police Frank Fowler. Id. ¶ 43; Pl.’s Ex. G. In the letter, Plaintiffs counsel asserted that Sgt. Locastro’s order for Plaintiff to move across Kirkpatrick Street was unconstitutional, demanding a written assurance of Plaintiffs right to demonstrate on the public sidewalks, nominal damages, and attorney’s fees. PL’s Ex. G.

On October 24, 2014, the City of Syracuse—through the Office of the Corporation Counsel—responded to Plaintiffs' letter. PL’s Ex. H. In the letter, the City’s attorney noted his- previous telephone conversation with Plaintiffs counsel and noted, in relevant part, that

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193 F. Supp. 3d 119, 2016 U.S. Dist. LEXIS 74515, 2016 WL 3199517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deferio-v-city-of-syracuse-nynd-2016.