Communities throughout New York State have increasingly looked to nuisance ordinances as a tool to address the local problem of crime.  “Nuisance ordinances” are local laws that aim to address drug, weapon, disorderly conduct, and property crimes and ensure the quiet enjoyment of residents, by penalizing individual properties when police respond to a home a certain number of times or for certain specified crimes or conduct.  Generally, these ordinances are applied against a property regardless of whether the residential occupant was a victim of the cited crime or legitimately accessed help out of fear or concern. 

For years, advocates have been warning that these local laws are fraught with unintended consequences and legal improprieties that fall hardest on victims of domestic violence and other victims of crime.  In a landmark case decided in June 2017, the Third Department issued the first appellate decision in New York examining these ordinances in a case called Village of Groton v. Pirro.  In joint partnership, Empire Justice Center, the American Civil Liberties Union, and the New York Civil Liberties Union served as amici to the Groton court.   

In its seminal ruling, the Third Department invalidated Groton’s entire nuisance ordinance scheme after determining that it impermissibly infringed upon the rights of victims of domestic violence and the victims of crime—specifically holding that the law was overbroad and facially invalid under the First Amendment.  

Panelists will discuss the issue of nuisance ordinances, the Third Department’s game-changing holding, as well as the impact of this ruling statewide and legal advocacy moving forward.

Presenters;  Amy Schwartz-Wallace, Esq., Empire Justice Center, Sandra Park, Esq., American Civil Liberties Union and Scout Katovitch, J.D., New York Civil Liberties Union

To request special accommodations or for any other questions, contact Empire Justice Center’s Senior Training Manager, Michelle Peterson 585-295- 5729 or mpeterson@empirejustice.org

*Empire Justice Center has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York. This program has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 1.0 CLE credit hours, of which 1.0 can be applied towards the Professional Practice requirement.  This course is both transitional and non-transitional and is appropriate for both new and experienced attorneys.