Summary
This Second Circuit per curiam opinion addresses an appeal from a district court's grant of a preliminary injunction against a New York City Police Department policy prohibiting video recording inside police facilities. The appellate court had previously certified a question to the New York Court of Appeals regarding whether state and city Right to Record laws protect the right to film in publicly accessible police stationhouse lobbies. Following the state court's negative response, the Second Circuit vacated the preliminary injunction and remanded the case for further proceedings consistent with its ruling.
Topics
Practice areas
Questions Presented
- Whether N.Y. Civ. Rights Law § 79‑p or N.Y.C. Admin. Code § 14‑189 afford individuals the right to video record law enforcement activities inside publicly accessible lobbies of police stationhouses
Holdings
- The Second Circuit vacated the preliminary injunction because the New York Court of Appeals held that state and city Right to Record laws do not create such a right.
Factual background
Plaintiff SeanPaul Reyes challenged a New York Police Department policy that barred video recording inside police facilities, asserting violations of the First Amendment and New York state and city Right to Record statutes. The district court granted a preliminary injunction enjoining enforcement of the policy. The issue turned on whether state law provides a right to record inside publicly accessible police stationhouse lobbies.
Procedural history
The district court entered a preliminary injunction prohibiting enforcement of the NYPD policy forbidding video recording inside police facilities. The Second Circuit certified a question to the New York Court of Appeals, which held that state and city Right to Record laws do not create a right to record inside publicly accessible police stationhouse lobbies. The Second Circuit vacated the injunction and remanded for further proceedings consistent with that ruling.
Remand instructions
Remand for further proceedings consistent with the New York Court of Appeals’ ruling that state and city Right to Record laws do not afford a right to video record inside police stationhouse lobbies.