Senior Counsel for the city of New York Mark D. Zuckerman asked for a stay of the lawsuit brought by SeanPaul “Long Island Audit” Reyes (LIA) pending the City’s motion to dismiss on Thursday in a new filing to the court.
Zuckerman made the motion based on the likelihood that the city’s current motion to dismiss has a strong chance of succeeding, as he argued that it was clear that the so-called “right to record” law was intended to codify the pre-existing common law right to record and not to create a new right for citizens of New York.
The attorney also claimed that the stay would benefit both sides as it would avoid the burden and expense of the discovery process when it may not be needed. He argued that obtaining a ruling on the motion to dismiss would also reduce the amount of discovery needed by eliminating non-meritorious claims.
Finally, Zuckerman stated that there would be no prejudice to LIA as there is already a stay on Judge Jessica G.L. Clarke’s preliminary injunction order from the case by the Second Circuit court of appeals. He argues that going forward with discovery would again be a burden that may not be avoided pending outcome of the Second Circuit ruling.
LIA brought his suit against the NYPD last year after being arrested multiple times for filming inside police facilities in the city of New York. The YouTuber argued that New York state and New York City’s individual “right to record” laws grant him the ability to record police anywhere in the state and trump existing state and city laws and the NYPD’s policies, making his arrests unlawful.
The defense has not replied to the motion as of press time.
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