After 5 Years Oral Argument in Knife Rights' NYC Federal Civil Rights Lawsuit on June 16 - Public Welcome
Attorneys representing Knife Rights' plaintiffs and the defendants New York City and District Attorney Cyrus Vance, Jr. will square off in Federal Court in Manhattan on Thursday morning, June 16. The oral argument portion of the trial on the merits will finally be held before U.S. District Court Judge Katherine B. Forrest five years after our federal civil rights lawsuit was originally filed. The public is welcome to attend (details below).
Judge Forrest had originally dismissed the case in 2014. Last September the U.S. Court of Appeals for the Second Circuit unanimously ruled that the lawsuit would proceed, reversing the Judge's erroneous dismissal of the case on procedural "standing" grounds that the claims were not specific enough to proceed because they did not identify specific makes and models of folding knives at issue -- even though the very inability to determine which knives would be arbitrarily deemed "illegal" is the basis of the lawsuit itself. The Second Circuit agreed that specific knives need not be identified for the case to proceed.
Over the past few months a Trial on the Papers has been conducted on the actual merits of the case, laying the foundation for next Thursday's oral argument. Knife Rights' plaintiffs John Copeland, Pedro Perez, and Native Leather are being represented by Daniel Schmutter of Hartman & Winnicki, P.C.
An Amicus Curiae (Friend of the Court) Brief was filed in the case by The Legal Aid Society, the oldest and largest private non-profit legal services agency in the nation and New York's primary public defender. At Thursday's hearing, Judge Forrest is also expected to consider whether to accept or reject the amicus curiae brief.
The oral argument is open to the public and is scheduled to start at 9:00 AM on Thursday, June 16 in Courtroom 14A. The United States Courthouse in Manhattan is located at 500 Pearl Street. All visitors are subject to security screening including x-ray and cell phones, tape recorders and cameras are prohibited inside the courthouse. If you plan to attend, you should allow at least 30 minutes for screening. Directions can be found at:
http://www.nysd.uscourts.gov/jury_travel.php?location=manhattan
Meanwhile, efforts continue on a legislative solution to the problem of the bogus Gravity Knife arrests in New York City. Time is short and the legislative session coincidentally ends on June 16. A legislative solution would immediately resolve the issue, while the litigation could take years with expected appeals regardless of the Judge's decision.
The Assembly, in a bipartisan vote, passed Knife Rights' gravity knife and switchblade reform bill, A9042A, by a vote of 99 - 12. Now all focus moves to the Republican controlled Senate and the companion bill, S6483A. CALL or EMAIL TODAY! (see below)
These Knife Rights bills are supported by:
The Legal Aid Society
ALAA-UAW 2325 (Public Defenders Union)
IATSE Local One (NYC Stagehands Union)
IBEW Local Three (Electrical Workers Union)
Sheet Metal Workers International Association Local 28
National Rifle Association
Safari Club International
Congressional Sportsmen's Foundation
The New York Times
The Village Voice
S6483A has already unanimously passed the Senate Codes Committee and now requires only one final vote of the full Senate to go to the Governor. However, Senate Majority Leader John Flanagan has so far resisted efforts to persuade him to allow a floor vote on the bill.
If you live, work or travel in New York and New York City, please CALL or EMAIL Senate Majority Leader John Flanagan, TODAY and simply deliver the message that you are "calling/writing to respectfully request that he please schedule S6483A for a vote" and then thank him. Please be POLITE and RESPECTFUL.
CALL Majority Leader Flanagan TODAY at:
518-455-2071
EMAIL Majority Leader Flanagan TODAY at:
[email protected]
Again, please be POLITE and RESPECTFUL, just deliver the message: "I am calling/writing to respectfully request that Leader Flanagan please schedule S6483A for a vote," and then thank him. That's it, keep it short and simple and above all BE POLITE and RESPECTFUL.
If Emailing, use the SUBJECT: Please Schedule S6483A for Senate Vote
