SCOPE, Inc. et al v. Pataki et al

SCOPE, Inc. et al v. Pataki et al

Case Number:	6:2004cv06186
Filed:	April 23, 2004
Court:	US District Court for the Western District of New York
Office:	Rochester Office
Presiding Judge:	Marian W. Payson
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	Other Statutory Actions
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	None

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Date Filed	Document Text
September 16, 2005	Filing 22 DECISION AND ORDER granting in part and denying in part 11 Motion for Judgment on the Pleadings, granting in part and denying in part 18 Motion for Judgment on the Pleadings, granting in part and denying in part 18 Motion. ORDERED, that judgmen t be entered for plaintiffs on the Third cause of action as it pertains to the following language in New York General Business Law section 895(1), an event sponsored, whether for profit or not, by an individual, national, state or local organization, association or other entity devoted to the collection, competitive use, sporting use, or any other legal use of firearms, rifles or shotguns, which the Court determines is unconstitutional as an overbroad restriction on plaintiff gun clubs? First Am endment rights to free speech, assembly and petition; and it is further ORDERED, that defendants are enjoined from enforcing the following clause of New York General Business Law section 895(1):?an event sponsored, whether for profit or not, by an in dividual, national, state or local organization, association or other entity devoted to the collection, competitive use, sporting use, or any other legal use of firearms, rifles or shotguns; and it is further?ORDERED, that judgment be entered for def endants on plaintiffs' First cause of action (claiming a violation of the Due Process Clause of the Fourteenth Amendment); and it is further?ORDERED, that judgment be entered for defendants on plaintiffs' Second cause of action (claiming a violation of the right to privacy); and it is further?ORDERED, that both plaintiffs' and defendants' motions for judgment on plaintiff's Fourth cause of action (claiming an Equal Protection violation) are denied; and it is further ORDE RED, that judgment be entered for defendants on plaintiffs? first two theories of liability under the Fifth cause of action (Matheson?s taxpayer claim, but that as to plaintiffs? third theory of liability under the Fifth cause of action (no compellin g state interest or rational basis) both plaintiffs' and defendants' motions for judgment are denied; and it is further ORDERED, that judgment be entered for defendants on plaintiff?s Sixth cause of action (Leadloader?s CoBIS claims).(KAR, )

Date Filed

Document Text

September 16, 2005

Filing 22 DECISION AND ORDER granting in part and denying in part 11 Motion for Judgment on the Pleadings, granting in part and denying in part 18 Motion for Judgment on the Pleadings, granting in part and denying in part 18 Motion. ORDERED, that judgmen t be entered for plaintiffs on the Third cause of action as it pertains to the following language in New York General Business Law section 895(1), an event sponsored, whether for profit or not, by an individual, national, state or local organization, association or other entity devoted to the collection, competitive use, sporting use, or any other legal use of firearms, rifles or shotguns, which the Court determines is unconstitutional as an overbroad restriction on plaintiff gun clubs? First Am endment rights to free speech, assembly and petition; and it is further ORDERED, that defendants are enjoined from enforcing the following clause of New York General Business Law section 895(1):?an event sponsored, whether for profit or not, by an in dividual, national, state or local organization, association or other entity devoted to the collection, competitive use, sporting use, or any other legal use of firearms, rifles or shotguns; and it is further?ORDERED, that judgment be entered for def endants on plaintiffs' First cause of action (claiming a violation of the Due Process Clause of the Fourteenth Amendment); and it is further?ORDERED, that judgment be entered for defendants on plaintiffs' Second cause of action (claiming a violation of the right to privacy); and it is further?ORDERED, that both plaintiffs' and defendants' motions for judgment on plaintiff's Fourth cause of action (claiming an Equal Protection violation) are denied; and it is further ORDE RED, that judgment be entered for defendants on plaintiffs? first two theories of liability under the Fifth cause of action (Matheson?s taxpayer claim, but that as to plaintiffs? third theory of liability under the Fifth cause of action (no compellin g state interest or rational basis) both plaintiffs' and defendants' motions for judgment are denied; and it is further ORDERED, that judgment be entered for defendants on plaintiff?s Sixth cause of action (Leadloader?s CoBIS claims).(KAR, )

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