December 2021 - Parks & Recreation - 28

LAW REVIEW
In the case of Butler
v. City of New York,
Plaintiffs alleged their
constitutional rights
were violated when
they were arrested at a
protest in a city park.
COVID-19 Emergency Executive Order
Leads to Protestor Arrests in Park
By James C. Kozlowski, J.D., Ph.D.
I
n the case of Butler v. City of New York, 2021 U.S. Dist. LEXIS 170311
(S.D. N.Y. 9/8/2021), Plaintiffs Eric Butler and Jacob J. Katzburg
brought a federal civil rights lawsuit, alleging their constitutional
rights were violated when they were arrested at a protest in a city
park. Plaintiffs were protesting the policies New York City Mayor Bill de
Blasio had implemented in response to the coronavirus (COVID-19) pandemic.
Plaintiffs were arrested for violating an executive order that banned
all " non-essential gatherings. "
Facts of the Case
On March 23, 2020, in response to
the seriousness, pervasiveness and
evolving nature of the COVID-19
pandemic, the Governor of New
York issued Executive Order
202.10, which, among other
things, declared that all nonessential
gatherings of individuals
of any size for any reason were
cancelled or postponed. Similarly,
28 Parks & Recreation | DECEMBER 2 0 2 1
on March 25, 2020, the Mayor of
New York City issued Emergency
Executive Order 103 (EEO 103),
which provided:
In order to avoid the mass congregation
of people in public places
and to reduce the opportunity for
the spread of COVID-19 any nonessential
gathering of individuals
of any size for any reason shall be
cancelled or postponed.
| PARK S ANDRECRE AT ION . OR G
The Mayor extended the ban on
non-essential gatherings several
times. The ban was still in effect
on May 9, 2020 when Plaintiffs,
both residents of New York,
gathered
around
1
p.m.
with
approximately 20 other people in
City Hall Park in New York City,
to protest the executive orders the
Mayor had issued in response to
the COVID-19 pandemic.
According to Plaintiffs, the protestors
attempted to maintain a
distance of six feet between themselves,
at all times, and several
wore face coverings. Plaintiffs also
alleged that, while the group was
protesting, there were other park
goers nearby, though they were not
associated with each other.

December 2021 - Parks & Recreation

Table of Contents for the Digital Edition of December 2021 - Parks & Recreation

December 2021 - Parks & Recreation - Intro
December 2021 - Parks & Recreation - Cover1
December 2021 - Parks & Recreation - Cover2
December 2021 - Parks & Recreation - 1
December 2021 - Parks & Recreation - 2
December 2021 - Parks & Recreation - 3
December 2021 - Parks & Recreation - 4
December 2021 - Parks & Recreation - 5
December 2021 - Parks & Recreation - 6
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December 2021 - Parks & Recreation - Cover3
December 2021 - Parks & Recreation - Cover4
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