Judge Jessica G. L. Clarke granted on Friday the request by Andrew Case, attorney for SeanPaul “Long Island Audit” Reyes, to delay his response to the Defense’s recently filed Motion to Dismiss.
Case was granted a delay in filing his reply brief to the motion to dismiss, moving the deadline from February 20, 2024, to February 27, 2024. The defendant’s deadline to reply to the opposition brief was also changed and is now due on March 12, 2024.
While no reasoning was given for the delay request by the plaintiff, the defense presented extensive new challenges to the jurisdiction of the Court in the case and presented half a dozen new exhibits to support their motion to dismiss.
Reyes is currently suing to determine the constitutionality of a policy by the New York City and State Police departments that prohibits recording within NYPD police buildings.
The YouTuber claims that the policy is in violation of New York City and New York State’s individual “Right to Record” laws, which he claims overrules previously established law and strips the rights of the NYPD to establish limited and non-public forums within their facilities.
Countering Reyes’ claims, the NYPD contends that any ruling in the case would be a violation of the Younger Abstention, which prevents Federal Courts from interfering in pending criminal cases in local level courts.
The defense contends that Reyes has outstanding criminal cases based on arrests due to violations of the policy in New York City and any ruling on the status of the policy before those cases resolved would become a clear violation of the Younger Abstention rules.
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