SLS Residential, Inc., et al., v. Feinberg (Defending the right to protest on public property)

This case involves an individual’s constitutionally-protected right to protest on public property. On May 20 and 21, 2006, Glen Feinberg stood outside the offices of SLS holding two poster board size signs and distributing leaflets. Both the signs and the leaflets detailed his beliefs that SLS treatment was ineffective and traumatized his son. The plaintiffs filed a motion for preliminary injunction in the New York State Supreme Court.

The NYCLU filed a memo of law in opposition to the plaintiffs’ application for preliminary injunction on June 6, 2006. The memo articulated the facts that Feinberg’s behavior was entirely lawful and protected by the First Amendment. Despite the fact that the State Supreme Court had not heard testimony, it found in favor of the plaintiffs. The court issued a preliminary injunction, stating that because the defendant’s actions would cause “irreparable injury to Plaintiff’s business,” they were not protected by the First Amendment. The defendant appealed to the Appellate Division, Second Department on Sept. 8, 2006. However, in Feb. 2007, the plaintiffs withdrew their case, and the appeal was dismissed. Attorneys involved in this case include Jeffrey Fogel.

State Supreme Court, Putnam County, Index No. 1003-06 (direct)