New York, NY – A move by the city to revoke a catering permit for secular events at an Upper East Side religious group is a violation of the First Amendment's free exercise of religion clause, lawyers charge in a lawsuit.
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Filed in U.S. District Court in Manhattan, the suit follows the New York City Department of Buildings's decision to revoke a temporary assembly permit that allowed for the events.
In January 2006, the organization and an outside caterer began hosting events in an effort to raise cash to pay for renovations. Within months, nearby residents began protesting the permit and charged that the events brought too much congestion and noise to the area. The permit was originally granted in June 2006 for "accessory use," but the city said in a letter that the events created a commercial establishment.
Lawyers charge in the suit that the city has "arbitrarily and selectively interpreted and enforced the city's zoning code and land use laws."
Attorney Victor Kovner, requested from District Judge Deborah Batts and was granted a temporary restraining order to allow them to hold its events until the two sides appear in court. [nysun]
There’s nothing “Religious” or “rights” issue about making an extraordinary amount of noise and disturbing the peace and tranquility of the neighbors.