New York Line-Warming Ban

Brooklyn Branch of the NAACP v. Kosinski

Filed: September 14, 2021

Decided: May 30, 2024

Lawsuit filed on behalf of the Brooklyn Branch of the NAACP against various New York election officials challenging the state’s line-warming ban, which prohibits nonpartisan groups from providing food and drink to individuals waiting in line to vote. The complaint alleges that this law violates the First and 14th Amendments because the law criminalizes protected free speech, burdening the plaintiff’s right to participate in the political process, and it is unconstitutionally overbroad and vague.

RESULT: On May 30, 2024, the district court struck down the line warming ban.

Case Documents

Findings of fact and conclusions of law (May 30, 2024)

State board of elections' proposed findings of fact and conclusions of law (April 12, 2024)

City board of elections' proposed findings of fact and conclusions of law (April 12, 2024)

Plaintiff's proposed findings of fact and conclusions of law (April 12, 2024)

Plaintiffs' response to defendants' pre-trial memorandum of law (Feb. 14, 2024)

Defendants' memorandum of law in opposition to plaintiffs' motion in limine (Feb. 14, 2024)

Defendants' pre-trial memorandum of law (Feb. 7, 2024)

Plaintiff's pre-trial memorandum of law (Feb. 7, 2024)

Plaintiff's memorandum of law in support of motion in limine (Feb. 7, 2024)

Plaintiff's proposed findings of fact and conclusions of law (Feb. 7, 2024)

Scheduling order (Oct. 18, 2023)

NYC Board of Elections defendants' amended answer (March 17, 2023)

NYC Board of Elections' answer to amended complaint (March 10, 2023)

State Board of Elections' answer to amended complaint (March 9, 2023)

Opinion on motion to dismiss (Feb. 23, 2023)

NY State Board of Elections' reply in support of its motion to dismiss the amended complaint (June 7, 2022)

Plaintiff's opposition to the defendants' motion to dismiss the amended complaint (May 24, 2022)

Stephen Kitzinger's declaration in support of the city board defendants' motion to dismiss the amended complaint (April 26, 2022)

City board defendants' motion to dismiss the amended complaint (April 26, 2022)

State board defendants' motion to dismiss the amended complaint and memorandum in support (April 26, 2022)

Memo endorsement of the plaintiff's letter regarding the motion to dismiss briefing schedule (March 31, 2022)

Plaintiff's letter regarding the motion to dismiss briefing schedule (March. 31, 2022)

Amended complaint (March 22, 2022)

Stephen Kitzinger's declaration in support of the city board defendants' motion to dismiss (March 1, 2022)

City board defendants' motion to dismiss (March 1, 2022)

State board defendants' motion to dismiss and memorandum in support (March 1, 2022)

Memo endorsement of the letter motion and setting a briefing schedule (Jan 25, 2022)

Plaintiff's letter in opposition to the defendants' proposed motion to dismiss (Jan. 20, 2022)

Defendants' letter requesting a pre-motion conference regarding their proposed motion to dismiss (Jan. 14, 2022)

Order granting an extension to respond to the complaint (Nov. 5, 2021)

Complaint (Sept. 14, 2021)

Last updated: May 30, 2024 9:41 am EST