Case 6:22-cv-06486-JLS Document 56 Filed 12/29/22 Page 7 of 36
The Court received submissions from the parties.[1] And the Court held a hearing.[2]
ANALYSIS
I. PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION
- A. Preliminary Injunction Standard
Generally, a party seeking preliminary injunctive relief “must show (1) irreparable harm; (2) either a likelihood of success on the merits or both serious questions on the merits and a balance of hardships decidedly favoring the moving party; and (3) that a preliminary injunction is in the public interest.” N. Am. Soccer League, LLC v. U.S. Soccer Fed’n, Inc., 883 F.3d 32, 37 (2d Cir. 2018). Where, like
- ↑ Defendant Van Houten submitted an affirmation where he stated, through counsel, that he has “no intent to enforce the statute now at issue in this case.” Dkt. 40, ¶ 3. Van Houten also included an affidavit where he stated that, as the “chief prosecutor for Tompkins County,” he made the “policy decision” that the “Tompkins County District Attorney’s Office would not prosecute cases where a lawful gun owner was charged with possession of a firearm in a church or place of worship so long as that individual was otherwise acting in a law-abiding manner.” Dkt. 40-1, ¶¶ 4–6. Defendant Wetmore submitted an affidavit where he stated that, in his “discretion, [he] will not be taking any action to enforce the provision of New York Penal Law § 265.01-(e)(2)(c).” Dkt. 41, ¶ 6. Defendant Steven A. Nigrelli submitted a Memorandum in Opposition to Plaintiffs’ Motion for a Preliminary Injunction. Dkt. 43. The State’s submission included a Declaration from Patrick J. Charles with exhibits (Dkt. 43-1), and a Declaration form Attorney Daniel R. Maguire with exhibits. Dkt. 43-2–43-7. With the Court’s permission, Everytown for Gun Safety filed an amicus curiae brief. Dkt. 51. Plaintiffs then submitted a reply brief. Dkt. 52.
- ↑ At the request of the State (see Dkt. 53), Pastor Spencer testified at the hearing, similar to his declaration. No other witness was called.
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