Albanese et al v. New York City Campaign Finance Board et al

Filing 9

ORDER denying 2 Motion for TRO. So ordered by Judge Raymond J. Dearie on 10/31/17. (Ryan, Victoria)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X SAL F. ALBANESE,CURTIS SLIWA,and FRANK MORANO, Plaintiffs, -against- ORDER 17 CV 6254(RJD) NEW YORK CITY CAMPAIGN FINANCE BOARD, THE CITY OF NEW YORK,and THE CITY UNIVERSITY OF NEW YORK GRADUATE CENTER, Defendants. DEARIE,District Judge Before the Court is a motion by plaintiffs, Sal F. Albanese, Curtis Sliwa, and Frank Morano,for a temporary restraining order preventing defendants. New York City Campaign Finance Board ("CFB"),the City of New York, and the City University of New York Graduate Center,from administering and hosting the New York City Mayoral Debate (the "Debate") on Wednesday, November 1, 2017, unless plaintiff. New York State Reform Party Candidate, Sal F. Albanese, is permitted to participate in that debate. For the reasons stated below and in the memorandum of opinion to follow, the Court denies the relief requested. The standards for injunctive relief are well established and do not require repetition at this time. S^ Fed. R. Civ. P. 65; see also Countv of Nassau. N.Y. v. Leavitt, 524 F.3d 408,414 (2d Cir. 2008). The evidence before the court does not warrant the relief requested.' While the Court understands plaintiffs' obvious displeasure with the use of certain financial criteria for ^ Indeed, neither side presented any testimony at the hearing. Defendants move to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). debate eligibility, it finds no evidence to suggest that the challenged CFB Rules are partisan, subjective, or discriminatory,^N.Y.C. Admin. Code ยง 3-709.5(5), or that they infringe upon plaintiffs' constitutional rights. The court understands the genuine public interest in limiting debates to candidates perceived as viable and acknowledges that financial criteria may be a logical measure of a candidate's strength. Plaintiffs' applications for injunctive relief is denied. SO ORDERED. Dated: Brooklyn, New York October 31,2017 0. 'Deance RAYMOND J. DEARIE United States District Judge

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