Attorney Mark D. Zuckerman, acting on behalf of the New York City Police Department, filed on Tuesday a new motion to dismiss SeanPaul “Long Island Audits” Reyes’ (LIA) Amended Complaint in LIA’s lawsuit against the NYPD.
Zuckerman argued that New York City and State’s “Right to Record” laws do not create a right to record in police precinct lobbies and does not negate the existence of probable cause for Reyes’ multiple arrests created by New York Penal Law.
The attorney asked for the traditional public form analysis be applied to the case as the NYPD would otherwise be unable to govern areas within its buildings where filming is not permitted. In essence, carving out a new right to record anywhere the public sees fit to record including areas with otherwise unauthorized access to the public.
Zuckerman continued his argument by addressing the issue of Reyes’ challenge of the NYPD’s ability to trespass individuals from NYPD properties. Zuckerman contended that the Right to Record laws do not supersede the NYPD’s rights to trespass members of the public and gave the department probable cause to arrest LIA for refusing to leave their facilities after refusing to leave after being trespassed.
LIA’s activities during his April 3, 2023, arrest was also questioned as he allegedly zoomed in on officers entering in their access codes to the security pad that grants access to a restricted area and continued to record in the private area after members of the public expressed their desires not to be recorded. Zuckerman contended that the city was well within its rights to trespass LIA for these violations of policy.
Again, addressing the Younger abstention doctrine, Zuckerman pointed out that at least one of LIA’s trespassing cases was dismissed on the grounds of failing to provide a speedy trial due to lack of moment in the case. Zuckerman argued that the Federal court’s intervention directly impacted state level criminal charges, which would be a clear violation of Younger, which is in place to prevent Federal courts from interfering in local level court cases.
Zuckerman is seeking a dismissal of LIA’s claims with prejudice.
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