Loper v. New York City Police Department
Plaintiffs Jennifer Loper and William Kaye, representing a class, sought summary judgment against the New York City Police Department and Commissioner Lee Brown, aiming to declare New York State Penal Law § 240.35(1), which criminalizes loitering for begging, unconstitutional. Plaintiffs argued their provided arrest reports, detailing over 1,200 arrests under the statute, demonstrated ongoing constitutional violations. However, the defendants contended these reports were subject to multiple interpretations, with many charges being erroneously listed or pertaining to other offenses like prostitution or drug activity, thereby presenting a genuine issue of material fact regarding their enforcement scheme. The court further dismissed the plaintiffs' argument that the mere enactment of an unconstitutional statute warrants relief without a proven, credible threat of enforcement. Consequently, the motion for summary judgment was denied, with leave for the plaintiffs to renew it following additional discovery.