Justia Civil Rights Opinion Summaries

Plaintiffs filed suit challenging four amendments to the Village of Pomona's zoning law as violations of federal and New York law. The district court dismissed Tartikov's complaint in part and later resolved certain claims in defendants' favor. The remaining claims concluded with a verdict in favor of Tartikov. Defendants appealed the final judgment and Tartikov appealed the earlier orders dismissing certain claims.The Second Circuit held that Tartikov lacked Article III standing to pursue its free exercise, free speech,and free association claims under the federal and New York constitutions, Religious Land Use and Institutionalized Persons Act (RLUIPA) substantial burden and exclusion and limits claims, Fair Housing Act (FHA) claims, and common law claims related to the Berenson doctrine claims. Therefore, the court vacated the judgment with respect to those claims, remanding for instructions for dismissal. In regard to the remaining claims that went to trial, the court reversed the district court's judgment to the extent the claims invoke two of the challenged laws and affirmed insofar as the claims invoked the remaining two. Finally, the court affirmed the district court's dismissal of the as-applied challenges and challenges to the RLUIPA equal terms and total exclusion provisions. View "Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona" on Justia Law

The Supreme Court vacated the order of the circuit court modifying and affirming the decision of the Zoning Board of Appeals, which affirmed the decision of the Director of the City and County of Honolulu Department of Planning and Permitting approving an application for a Waikiki Special District (WSD) permit for PACREP to develop the second phase of a condo-hotel at 2139 Kuhio Avenue, holding that, under the circumstances, the due process rights of Local 5, a union representing hotel and restaurant employees, were violated.In appealing the permit, Local 5 argued that the Director abused his discretion by approving the permit without certain restrictive covenant conditions. The Supreme Court agreed, holding that, when the Director removed certain conditions from a WSD permit for the first phase of the condo-hotel project, conditions he knew Local 5 had advocated for, Local 5 should have had an opportunity challenge the removal of those conditions from the permit. Because Local 5 did not receive notice that the Director had removed these conditions, Local 5's due process rights were violated. View "Unite Here! Local 5 v. Department of Planning & Permitting/Zoning Board of Appeals" on Justia Law

The Court of Appeals affirmed the order of the Appellate Division affirming a Supreme Court judgment enjoining a three-day music and camping festival on Landowner's rural property in the Town of Delaware, holding that the challenged provisions of local zoning laws did not unconstitutionally restrict Landowner's First Amendment rights and were not void for vagueness.Landowner planned to sponsor on his sixty-eight-acre property a three-day event during which attendees would camp on the property and view live outdoor music performances. The Town commenced this action seeking an injunction against the event, alleging it was prohibited by the Town's Zoning Law. Supreme Court granted the Town's motion for summary judgment and permanently enjoined Landowner from holding the festival on his property. The Appellate Division affirmed, concluding that that relevant Zoning Law provisions were content-neutral time, place, and manner restrictions compatible with the First Amendment. The Court of Appeals affirmed, holding (1) the zoning provisions at issue satisfied the intermediate scrutiny test for content-neutral time, place and manner restrictions and survived Defendant's overbreadth challenge; and (2) Landowner's facial and as-applied void for vagueness challenges likewise failed. View "Town of Delaware v. Leifer" on Justia Law

Planned Parenthood was the site of numerous clashes between opponents and advocates of abortion rights, including bomb threats, vandalism, and blockades. The police deployed an overtime detail to maintain order. After Pittsburgh was declared a financially distressed municipality in 2003, the detail was discontinued. Police were called as needed. The clinic reported an “obvious escalation.” The City Council held hearings on proposed legislation. Many witnesses expounded on the competing interests and expressed a desire to protect both free speech and access to healthcare, including abortions. A member of the police overtime detail attested that the criminal laws were not adequate. The Ordinance states that “[n]o person or persons shall knowingly congregate, patrol, picket or demonstrate” in a 15-foot “buffer zone” outside the entrance of any hospital or healthcare facility. Plaintiffs engage in leafletting and “peaceful . . . one-on-one conversations” conducted “at a normal conversational level and distance” intended to dissuade listeners from obtaining an abortion. The city asserted that the Ordinance applies to this “sidewalk counseling,” The Third Circuit affirmed summary judgment in favor of the city, concluding that the Ordinance does not cover sidewalk counseling and thus does not impose a significant burden on speech. The Ordinance prohibits “congregat[ing],” “patrol[ling],” “picket[ing],” and “demonstrat[ing],” saying nothing about leafletting or one-on-one conversations. Nor does it mention a particular topic or purpose. With respect to the listed activities, the Ordinance is “narrowly tailored to serve a significant governmental interest.” View "Bruni v. City of Pittsburgh" on Justia Law

Tokyo Valentino filed suit against the County, challenging certain business licensing and adult entertainment ordinances, and seeking damages under 42 U.S.C. 1983, as well as declaratory and injunctive relief. At issue in this appeal was the district court's second dismissal of Tokyo Valentino's claims.The Eleventh Circuit affirmed the district court's dismissal of Tokyo Valentino's claim for compensatory damages relating to the appeal of the ordinances, because Tokyo Valentino's second amended complaint does not contain factual allegations that establish it suffered a cognizable injury in fact for which compensatory damages might be warranted. However, the court reversed the dismissal of Tokyo Valentino's request for a declaratory judgment regarding whether its sale of sexual devices constitutes a lawful prior nonconforming use authorized under the repealed ordinances and whether the new ordinances' failure to include provisions grandfathering in prior lawful uses violates federal and state law. Finally, the court held that the district court abused its discretion by abstaining under Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746 (1971), from hearing Tokyo Valentino's claims stemming from the County's new ordinances. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Tokyo Gwinnett, LLC v. Gwinnett County" on Justia Law

The First Circuit affirmed the district court's grant of summary judgment for Defendant's and dismissing Plaintiffs' claim that the City of Fitchburg's refusal to exempt four sober houses Plaintiffs operated for recovering addicts from a legal requirement to install sprinklers in the sober houses violated the Americans with Disabilities Act (ADA) and the Fair Housing Act, holding that the district court did not err in concluding that the requested accommodation was not reasonable.Plaintiffs brought this suit under the ADA, 42 U.S.C. 12101-12213, and the Fair Housing Act, 42 U.S.C. 3601-3631, as amended by the Fair Housing Amendments Act (FHAA). The district court dismissed the suit on summary judgment, concluding that Plaintiffs failed to show that an exemption from the sprinkler requirement was either reasonable or necessary to allow recovering addicts to live in and benefit from the sober houses. The First Circuit affirmed, holding that the district court did not err in entering summary judgment on Plaintiffs' ADA and FHAA reasonable accommodation claims. View "Summers v. City of Fitchburg" on Justia Law

The Ninth Circuit affirmed the district court's dismissal of a putative class action against the city and city council, alleging that the city's short-term vacation rental ordinance violates the dormant Commerce Clause. The ordinance prohibits property rentals of 30 days or less with an exception for rentals where a primary resident remains in the dwelling.The panel held that the complaint failed to allege a per se violation of the dormant Commerce Clause, because the ordinance did not directly regulate interstate commerce; the ordinance did not discriminate against interstate commerce; and the complaint did not plausibly allege that the ordinance unduly burdens interstate commerce through its incidental effects. Therefore, plaintiff failed to plausibly allege that the ordinance directly or indirectly discriminated against or burdened interstate commerce. View "Rosenblatt v. City of Santa Monica" on Justia Law

The Second Circuit reversed the district court's judgment for plaintiffs on their 42 U.S.C. 1983 false arrest claim. The longstanding exemption from municipal limitations on sidewalk vending for disabled veterans, codified in New York General Business Law 35, entitles "any honorably discharged member of the armed forces of the United States who is physically disabled as a result of injuries received while in the service of said armed forces" to vend in "any street, avenue, alley, lane or park" of the City, so long as he or she has been issued a license to do so.The court held that New York General Business Law 35‐a(7)(i) does require curbside vending. In this case, plaintiffs, five disabled veterans, alleged a claim of false arrest on the theory that they were in compliance with section 35‐a(7)(i) such that there was no probable cause to issue summonses. The summonses were issued by officers for plaintiffs' failure to comply with orders to relocate their vending carts, because plaintiffs were operating their carts more than three feet from the curb. Because of the curbside vending requirement, the officers did not lack a basis to issue the summonses. View "Crescenzi v. City of New York" on Justia Law

A Downers Grove ordinance limits the size and location of signs. Leibundguth claimed that it violated the First Amendment because its exceptions were unjustified content discrimination. The ordinance does not require permits for holiday decorations, temporary signs for personal events such as birthdays, “[n]oncommercial flags,” or political and noncommercial signs that do not exceed 12 square feet, “[m]emorial signs and tablets.” The Seventh Circuit upheld the ordinance. Leibundguth is not affected by the exceptions. Leibundguth’s problems come from the ordinance’s size and surface limits: One is painted on a wall, which is prohibited; another is too large; a third wall has two signs that vastly exceed the limit of 159 square feet for Leibundguth’s building. The signs would fare no better if they were flags or carried a political message. A limit on the size and presentation of signs is a standard time, place, and manner rule. The Supreme Court has upheld aesthetic limits that justified without reference to the content or viewpoint of speech, serve a significant government interest, and leave open ample channels for communication. The Village gathered evidence that signs painted on walls tend to deteriorate faster than other signs. Many people believe that smaller signs are preferable. Absent content or viewpoint discrimination, that aesthetic judgment supports the legislation, which leaves open ample ways to communicate. View "Leibundguth Storage & Van Service, Inc. v. Village of Downers Grove" on Justia Law

The Authority's Mohegan Sun Arena in Wilkes-Barre holds up to 10,000 people and hosts athletic and other commercial entertainment events. The Arena is set back and fenced apart from the public road. Patrons drive on an access road, park in an Arena parking lot, and then walk on a concrete concourse to the “East Gate” and “West Gate” entrances. “All persons are welcome to express their views” at the Arena; protesters must stand within “designated area[s]” on the concourse and “[h]andouts can only be distributed from within” those areas. The designated areas are two “rectangular enclosure[s] constructed from bike racks,” next to the Gates. The policy bans protesters from using profanity or artificial voice amplification. LCA, an animal rights group wanting to protest circus events, sued under 42 U.S.C. 1983.The trial court found that the Authority was “a public governmental entity acting under color of state law” and entered a preliminary injunction that allowed up to 20 protesters to distribute literature and talk to patrons within a circumscribed section of the concourse; protesters could not block ingress or egress. LCA protested under those terms at 2016-2017 circus performances. At a subsequent trial, LCA introduced evidence that protesters in the "designated areas" attracted little attention and videos showing nonconfrontational interactions with no abnormal congestion. The Arena expressed concerns about unruly protestors and argued that the location condition minimizes congestion and security risks. The court found all three restrictions violated the First Amendment.The Third Circuit reversed in part. The concourse’s function is to facilitate pedestrian movement; a policy sensibly designed to minimize interference with that flow is not unreasonable. The Arena did not establish that the bans on profanity and voice amplification are reasonable. View "Pomicter v. Luzerne County Convention Center" on Justia Law