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Federal Judge Temporarily Halts Anti-Solicitation Ordinance in Oyster Bay

Posted May 20, 2010 by Ted Hesson
Categories: Nassau

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A federal district judge ordered a temporary restraining order against the Town of Oyster Bay in enforcing an anti-solicitation ordinance targeted at day laborers.

Judge Denis R. Hurley of New York’s Eastern District Court ruled that the ordinance should be temporarily halted in light of a lawsuit filed Tuesday by the New York Civil Liberties Union (NYCLU), the American Civil Liberties Union (ACLU), and LatinoJustice PRLDEF on behalf of area day laborers.

“The fact that we got a temporary restraining order in this case illustrates that the court sees that there are clear constitutional problems with this law,” said Samantha Fredrickson, the head of the Nassau chapter of the NYCLU and a blogger on this site.

The next important court date regarding the ordinance will be on May 28, when there will be a hearing for a preliminary injunction against the law, which would continue its suspension.

In defending the ordinance at that hearing, it’s possible that the town will produce witnesses who will testify regarding the safety hazards of streetside solicitation, although a spokesperson for the town previously told me that no research went into preparing the ordinance.

Next week, we’ll feature a guest post from Fredrickson, explaining the ongoing lawsuit.



Tags : oyster bay, standing while latino, venditto

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