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Back in September 2021, a group of theatre owners sued the City of New York, claiming that the municipality’s proof-of-COVID-19-vaccination policy was constitutionally infirm and caused them hardship and damage, including “increased employment costs, employment turnover and refund expenses.”

The regulations in question -- called the “Key to NYC” -- required patrons over 12 years of age, and employees, interns, volunteers and contractors, to present proof of vaccination. While movie theatres and music and party venues were subject to the law, worship services, schools, and community centers were not.

Given that dichotomy, the theatre group claimed the city engaged in a “content-based regulation of speech and an equal protection violation,” because the law impacted the theatres depending on the content of the speech that was presented or hosted. For example, if religious services were held in their theatres in the morning, and regular dramatic performances were offered in the afternoon or evening, different vax rules applied. The owners argued that such disparate treatment was constitutionally violative.

After a federal district court judge, back in September of last year, dismissed the case as moot, an appeal to the Second Circuit was filed, and briefs are now in the process of being submitted. (A copy of the appellants’ brief, filed on December 20, 2022, is annexed.)

Think these owners are searching for a golden key?


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The Clementine Co. LLC v. Adams ~ First Amended Complaint

The Clementine Co. LLC v. Adams ~ Appellants’ Opening Brief

Key to NYC -- FAQ -- Requiring COVID19 Vaccination for Indoor Entertainment ....(12/20/21)