Case 6:22-cv-06486-JLS Document 56 Filed 12/29/22 Page 30 of 36
F.3d at 184 (“The denial of a constitutional right ordinarily warrants a finding of irreparable harm, even when the violation persists for ‘minimal periods’ of time.”) (emphasis added). Here, too, Plaintiffs suffer irreparable injury each time they are forced to give up their First Amendment freedoms.
The State argues that “there is no current risk of irreparable harm requiring this Court’s intervention” because: (1) the statute “exempts multiple classes of persons” permitting—among others—active and retired police officers, peace officers, and security guards to carry firearms in sensitive locations; (2) Defendant Nigrelli is “presently enjoined from enforcing the Place of Worship Provision as to individuals with carry licenses who have been tasked with keeping the peace at houses of worship;” and (3) the District Attorney Defendants have “sworn not to enforce the provision while the courts determine its constitutionality.” Dkt. 43, at 23. These arguments fail.
As discussed, the Church congregation includes—at most—only a handful of police officers or other individuals who could, potentially, fit into a statutory exception. And these individuals’ capacity to provide protection—even if they were to volunteer their services—would fall woefully short of the amount needed to protect several hundreds of individuals who worship at the Church throughout each week. Further, on December 7, 2022, the Second Circuit stayed the preliminary injunction issued by this Court in Hardaway—except with respect to “persons who have been tasked with the duty to keep the peace at places of worship.” See Hardaway v. Nigrelli, Order, No. 22-2938, Dkt. 53 (2d Cir. Dec. 7, 2022). Pastor
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