The New York Civil Liberties Union (NYCLU) and the City of New York have each filed Amicus Curiae briefs in support of the NY Attorney General’s case that is currently on appeal. Last winter the court heard the OAG’s case for a temporary injunction prohibiting anti-abortion protestors from following and harassing Choices patients coming for appointments. The judge ruled against the OAG, discounting extensive testimony from Choices volunteer escorts and staff. The verdict is currently on appeal in the US Court of Appeals for the Second Circuit.
Lawyers for the protestors have since filed legal briefs asserting that the laws under which the OAG brought the suit –the Federal Access to Clinic Entrances Law (FACE), NY State law and the NYC Clinic Access Law – are unconstitutional. These arguments are taken on directly in the new briefs. The NYCLU Brief argues for the constitutionality of all three clinic access laws, and the New York City Brief focuses specifically on the Constitutionality of the NYC law.
The date for oral arguments before the court has not been set yet and may not be for months, but we will keep you informed and encourage you to attend.