Taking Matter to NYS Court of Appeals
The Court of Appeals previously granted our petition to review the Appellate Division decision reinstating the Diaphragm bill. In short, this means that the Court agreed that the case presents a question of substantial Constitutional significance and our efforts to overturn the law will progress. We filed our brief on December 18, 2022. The City asked for and was granted an extension to file their opposition, which they did on March 6th, 2023; and we filed our reply papers on March 21, 2023. It would be pure speculation to suggest a date when the Court will decide the case; however, we have submitted a request for the Court to put it on their “fast track” calendar. This is a great step forward in our efforts to repeal this ridiculous City law. As things progress, we will keep you informed.
Here’s the backstory: In what we believe is a misguided and erroneous decision, the Appellate Division, First Department reversed the prior finding of the Supreme Court that the Diaphragm Compression bill passed by the New York City Council was unconstitutionally vague, and reinstated the law. Be advised that our attorneys have now filed a Notice of Appeal directly with the NYS Court of Appeals, the highest Court in New York, and will be asking the Court to doing the following: 1). reverse the Appellate Division’s decision; 2). uphold the lower Court’s ruling that the law is unconstitutionally vague; and 3). declare the law invalid and permanently unenforceable as written. We will keep everyone informed of any developments as they occur. However, in the meantime, our members must understand that the Diaphragm Compression Law is now back in effect and you must act accordingly. When taking police action, proceed with extreme caution at the risk of being arrested or fined.
